Defendant shall be punished by a fine of two 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

On March 21, 2019, at around 18:00, the Defendant: (a) received a proposal from “B” to the effect that “B, by sending e-mail cards as security; (b) borrowed 20 million won at an interest rate of 3% per month; and (c) sent e-mail cards by directly visiting C’s place of business in order to request the sending of e-mail cards; and (d) accepted it on March 26, 2019; and (c) submitted e-mail cards, a means of access connected to the Defendant’s account in the name of the Defendant at C’s place of business in Yeongdeungpo-gu Seoul Metropolitan Government, at around 17:10 on March 26, 2019.

In this respect, the defendant paid the means of access to his name in return for the intangible expected interest of future loans.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the F dialogue-related Acts and subordinate statutes;

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. “Lending a means of access” under Article 334(1) of the Criminal Procedure Act for conviction under Article 334(1) of the Electronic Financial Transactions Act refers to the act of lending a means of access so that any other person may temporarily use the means of access without managing or supervising the user of the means of access while receiving, demanding or promising to receive, or promise to provide compensation (see Supreme Court Decision 2016Do8957, Aug. 18, 2017); and “price” refers to an economic benefit in relation to the lending of the means of access.

(See Supreme Court Decision 2017Do16946 Decided June 27, 2019). This Court is legitimate.