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 the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, around September 3, 2018, the Defendant received a text message stating, “The Defendant has recruited an account, and will offer KRW 900,000 per day after using the account for three (3) days if he/she has lent the account.” On September 5, 2018, around 21:00, the Defendant promised to deliver one check card connected to the Defendant’s name bank account (E) and one check card connected to the Defendant’s name bank account (G) by using Kwikset Service, and then lent the means of access to electronic financial transactions by notifying the Defendant of such password using H message.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes concerning details of transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act can be an act of providing the means of access to another crime, and the fact that the actual account that the Defendant lent was used for a crime, and that the damage incurred therefrom appears not to have been restored is an unfavorable circumstance.

However, considering the fact that the defendant acknowledges and reflects the crime, and that there is no record of punishment except for the punishment once, the punishment shall be determined like the order, taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and taking into account all the sentencing conditions under Article 51 of the Criminal Act.