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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on June 6, 2019, the Defendant accepted a proposal to the effect that “When sending a physical card to pay interest, the Defendant will execute the loan.” On July 6, 2019, the Defendant sent one physical card, which is a means of access connected to the bank account (D) in the name of the Defendant, to the Nonindicted Party in the name of the Defendant, and sent one check to the Nonindicted Party in the name of the Defendant through Kwikset Service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the transfer certificate and the details of entry and withdrawal transactions;

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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances in which the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The defendant repents and reflects the defendant's mistake; the fact that the defendant seems to have no profit that he has actually acquired through the crime of this case; the first crime, etc.