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

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

Criminal facts

In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 25, 2018, the Defendant received a text message stating that “I will use 2,400,000 won for three days if I lent a physical card that is alcoholic beverage company, which is to be used for the collection of sales proceeds of alcoholic beverages, and will pay 2,40,000 won in return.” On October 26, 2018, the Defendant consented to the proposal and sent a physical card connected to the D Bank account (Account Number: E) in the name of the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul, and then sent it to the Non-member of the name of the Defendant, by packaging one physical card connected to the F Bank account (Account Number: G) in the name of the Defendant, and then notify H of each password.

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. Police suspect interrogation protocol of the accused;

1. Application of warrant answer materials and account details Acts and subordinate statutes;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] / The reason for sentencing under Article 334(1) [no benefit has been acquired by the defendant as the means of access lent by the defendant was used for the crime of telephone financial fraud (negative], and there has been no benefit from crime