Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

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

On April 9, 2019, the Defendant applied for a loan by using a telephone from an unqualified person, but it received a proposal from an unqualified person to the effect that “if the loan is in progress, but if it is sent with a low credit rating, it is intended to write down the credit rating by accumulating the transaction performance and then execute the loan.” On the same day, the Defendant lent a check card connected to the credit account (Account Number B) under the name of the Defendant at the North Incheon Incheon Bupyeong-dong post office.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing account transfer;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The conduct of lending the means of access to electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to cause secondary damage, such as fraud, by opening up the possibility of abusing the accounts linked to others for other crimes, and thus, such social harm and injury is high.

In fact, the means of access that the Defendant lent was used in telecommunications-based financial fraud, such as remitting and withdrawing the connected account of KRW 20 million.

However, there are circumstances to consider that the number of means of access leased by the defendant is limited to one, and that the defendant lends a loan to the defendant by raising credit rating.

In the light of the C dialogue between a person with a nameless injury.