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

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

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around July 23, 2019, the Defendant accepted a proposal from a person who has no personal name to the effect that “When sending the check card to pay interest to the loan, he will execute the loan.” On the same day, around 14:36 of the same day, the Defendant sent one check card, which is a means of access connected to the bank account in the name of the Defendant, to the person who has no personal name, via Kwikset service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on deposit transactions;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the means of access leased by the defendant was used for the crime of Bophishing, and some secondary damages were realized.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant was aware of and against the criminal organization and the circumstances leading to the crime; (b) the defendant was accused of and without any previous criminal records; and (c) the defendant was committed.