Defendant shall be punished by a fine of KRW 5,000,000.

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 while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 16:35 on January 23, 2019, the Defendant received a proposal from a person who is unable to know the name that assumes the position of a tax-related D agent working in the Dispute Resolution Co., Ltd. through B through a place where no location is known, and accepted the proposal that “I will use the liquor tax reduction account and use it for 3 days on the lease of the account, and bring it to KRW 2.4 million on the loan of the account.” On January 24, 2019, at around 12:00 on January 24, 2019, the Defendant sent a physical check card linked to the G bank account (H) in the name of the Defendant in the front line in Jeju E, to Kwikset service provider who sent the above person, and B, notified the above account number and the e-mail card password.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the details of transfer of G Bank, data for opening of accounts, and content of transfer of B;

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the lending of the means of access, such as the nature of the crime, and the fact that the means of access leased by the defendant was actually used for the crime of licensing.

However, it is advantageous to the fact that the defendant recognizes the facts charged by the investigative agency, and the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, character and conduct, environment, means and results of the crime, and various sentencing conditions shown in the trial process of this case, such as the circumstances after the crime.