Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 7, 2018, the Defendant received a proposal from a person who has no name, and consented to the proposal, that “The Defendant will give KRW 2.4 million per head of the card if he/she lends the e-mail card,” and then lent it to the Seoul Mapo-gu apartment guard office by entrusting Cbank (D) and E-bank (F) with two copies of the e-mail card connected to the Defendant’s account in the name of the Defendant, and getting Kwikset service engineer to find it.

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

Summary of Evidence

1. Defendant's legal statement;

1. G Police Statements;

1. Application of the detailed statement of transactions of automated machines, and the Acts and subordinate statutes governing the submission of financial data;

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 ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the accused was used for the fraud.

The punishment shall be determined as ordered in consideration of the circumstances, such as the fact that the defendant shows the attitude to recognize and reflect the mistake, the history and background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, etc.