Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

Nevertheless, around October 2, 2019, the Defendant received a proposal that “the transaction performance is required to obtain a loan. When sending an authorized certificate, the Defendant would execute the loan by accumulating the transaction performance.” On October 2, 2019, the Defendant sent an authorized certificate to a person with no personal name to a person with no personal name by accessing B Internet banking at a time south of the Republic of Korea (hereinafter referred to as “B Internet banking”) and sent an authorized certificate to a person with no personal name. On October 4, 2019, the Defendant sent an OTP number necessary for electronic financial transactions using the above authorized certificate.

Accordingly, the Defendant promised to receive intangible profits that can receive a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. Transfer statement, A B transaction statement, and copy of passbook;

1. Application of the Kakao Stockholm message legislation

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case, and it is recognized that the defendant has no record of being punished for the same kind of crime.

However, the act of lending means of access is a crime that is abused for another crime and is highly likely to cause many unspecified victims to win-out. In fact, even in this case, the means of access leased by the defendant was used for the crime of fraud and the victim was also generated.

In addition, the motive and background leading the Defendant to commit the instant crime, circumstances after the commission of the instant crime, the age, character and conduct of the Defendant.