Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

Nevertheless, around December 14, 2018, the Defendant received text messages to the effect that “the Defendant shall pay KRW 400,000 per 1 card if he/she lends the physical card,” and then lent three physical cards, such as one check connected to the Defendant’s new bank account (D) in the name of the Defendant at the Dapon Eup store located in Chungcheongnam-gu, Chungcheong-gun B, the Defendant lent three copies of the physical card, such as one check connected to the Agricultural Cooperative Account (E) and one check connected to the new bank account in the name of the Defendant, for three days, on condition that he/she receives KRW 1.2 million.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to criminal investigation reports (Evidence Nos. 12, 15) such as details of transactions and H comparisons;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 of the provisional payment order;

1. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and

2. In extenuating circumstances where a fine of 4 million won is imposed: The means of access, as in the instant case, leased is likely to be abused for crimes, such as singing, etc., which would cause severe social harm; circumstances in which the means of access leased by the Defendant actually used for the crime: the Defendant appears to be against the instant case; the Defendant’s age, character and conduct, environment, motive for the crime, means, results, etc. shall be determined as per the disposition in full consideration