Defendant shall be punished by a fine of 3.5 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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2017, the Defendant: (a) received a proposal from a nameless person who assumes a person in charge of lending B Bank loans from a person who assumes a false name in charge of lending B Bank loans; (b) received a proposal that “if he/she lends a e-mail card, he/she sent a e-mail card, resident registration copy, etc. to pay a loan of KRW 20,000,000,000,000 from the head of the Tong; and (c) issued two copies of the e-mail card, which are linked to each of the Defendant’s bank accounts in the name of the Seoul Special Metropolitan City, Nowon-gu (Account Number:D) and the E-bank account (Account Number:F) and notified him/her of the password G.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Responses to requests for financial transaction information and replies to requests for financial transaction information;

1. Application of Acts and subordinate statutes of each investigation report (number 5,7)

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Taking into account all kinds of sentencing conditions, including the fact that there was no record of confession of the reason for sentencing, reflectivity, and punishment for the same crime under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order; however, there was a record of having been subject to a disposition of suspension of indictment on the transfer of a physical check around 2013; actual damage (12 million won) has occurred due to the commission of a crime using a lending physical card;