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

Except as otherwise expressly provided for in any other Act, no one may lend a means of access by a financial institution to receive, request or promise any compensation.

Nevertheless, around February 12, 2019, the Defendant received a proposal from a person who assumes a false name of “B” of the lending company “B” from a person whose name is unknown, to the effect that “if he/she sends a physical card, he/she will provide a loan of KRW 6 million after performing the work of linking an investor with the account.” In response, around 13:39 of the same month, at around 18:39 of the same month, he/she sent a physical card connected to the Defendant’s bank account in the name of the Defendant in Seocheon-si, Seocheon-si, Seocheon-si, 697, by using one copy of the physical card, to “Seoul F2 and G” designated by the above C agent, and then notified the above C agent of the password of the above physical card.

Accordingly, the Defendant promised to receive future loans in return for intangible expected gains and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on deposit;

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm is serious and thus the Defendant’s liability for the crime is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions shown in the trial of this case, such as the defendant's mistake, the primary offender, the motive and background of the crime of this case, the number of means of access transferred, the circumstances after the crime, the age, character and conduct, family relationship, and economic circumstances.