Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions in promise to pay for such medium.

Nevertheless, around 14:00 on August 21, 2018, the Defendant received KRW 300,000 from the post office located in Busan Bupyeong-gu, Incheon, in return for lending the Defendant’s name to the Defendant’s account for three days from the non-titled person. The Defendant sent the e-mail card, which is linked with the Defendant’s name bank account (B) to the Defendant’s name, along with the password.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as details of financial account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the access media that the defendant lent was used for the telephone financing fraud, such as the remittance of approximately KRW 6.5 million to the connected account, and withdrawal of KRW 4 million.

However, the number of access media leased by the defendant is limited to one, and it was known that the defendant would be used for the above purposes.

It is difficult to see it.

There is no profit earned by the defendant from the crime of this case, and the defendant does not have the same criminal record.

Some damage is likely to be recovered because part of the money deposited in the account is not withdrawn due to suspension of payment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.