Defendant shall be punished by a fine of KRW 3,000,000.

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

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, on March 15, 2019, the Defendant received and consented to the proposal that “5 million won is available for loans. If the Defendant transferred the e-mail card, then will offer loans after continuously raising credit rating.” On March 15, 2019, the Defendant sent the above-mentioned name in front of the road in North Korea, around 13:00, around 15, 2019, to Kwikset-based service article who sent the above-mentioned name in front of the e-mail bank account in the name of the Defendant, and notified Kwikset-based service article of the personal identification number of the above e-mail card using telephone call.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by E;

1. Inquiry into the results of transfer;

1. Application of statutes on financial transaction information;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.

However, the punishment shall be determined by taking into account the following circumstances: the Defendant was the first offender and did not obtain monetary benefits in the instant case; and the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime.