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

No person shall lend or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On June 23, 2016, the Defendant: (a) sent a physical card to one bank account (B) in the name of the Defendant at the entrance of the Seodaemun-gu Seoul Western Building and leased the means of access by promising Kwikset Company to deliver it to the person under whose name it was named, through Kwikset Company Services, on the condition that three million won per account would be received from one bank account (C) and another bank account (C).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the Acts and subordinate statutes to the materials regarding seizure warrants;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Supreme Court Decision 2009Do1530 Decided March 25, 2010 (one crime is established for each means of access respectively. However, the act of transferring multiple means of access at once constitutes a case where several crimes of electronic financial transactions are committed by a single act and each crime is deemed to be in a mutually competitive relationship.) Articles 40 and 50 of the Criminal Act are interpreted to be in a mutually competitive relationship.

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the means of access leased by the Defendant appears to have been used for committing the fraud is against the disadvantage; (b) the primary offender; and (c) the fact that the actual acquisition of the means of access by the lending act does not have profit by taking into account favorable circumstances; and (d) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc.,