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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, on November 2018, received a proposal from a person without his name, stating that “I will pay KRW 2,400,000 to the conditions that will pay KRW 800,000 on three days per day of lending the card,” from the person with no name to the name of the Defendant, on condition that I would operate a liquor company, and that I would pay KRW 80,000 per day of lending the card.” On December 3, 2018, the Defendant sent the physical card of the Cbank account (D) in the name of the Defendant to the person with no name to the person with no name.

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

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes to the details of transfer;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant: The act of lending means of access is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the defendant's actual use of the check card that was used for the crime of fraud: The defendant reflects the crime; the defendant seems to have no profit acquired by the crime of this case; the defendant has no record of criminal punishment except for fines sentenced twice due to the violation of the Road Traffic Act (driving). As above, the sentence is ordered taking into account all the circumstances and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.