The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation unless otherwise specifically provided for in other Acts.

Nevertheless, at around August 5, 2019, the Defendant: (a) heard that “A person whose name is unknown will lend personal money to five million won; (b) interest rate is 2.3%; (c) as we are in conflict with the law to receive interest rate of 3%; (d) the Defendant shall receive interest from the party in the form of a personal check; and (e) held that “A person would return the physical card when the full repayment is made, with interest received for three months on the face of the week; and (e) delivered a copy of the physical card connected to the account (D) in the name of the Defendant in Boe-si C.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The statement of transaction by account and reply [the e-mail card corresponding to the means of access for the intangible economic benefit of “opportune to obtain a loan” constitutes an objective constituent element for the crime of violating the Electronic Financial Transactions Act (see Supreme Court Decision 2017Do16946, Jun. 27, 2019). Even though the Defendant had a specific perception of such factual relationship, even though he was unaware of the likelihood of being used for the so-called “Sphishing” telephone financial fraud crime, the intent of the crime of violating the Electronic Financial Transactions Act is also acknowledged (the Defendant is not subject to the application of the charge of fraud or fraudulent aiding and abetting).

[Attachment] Application of the statute

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To prevent the so-called “singing” crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the means of access, including physical cards, shall be lent.