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 borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, at around 10:00 on January 16, 2019, the Defendant, at the same year’s B apartment and C residential areas, sent a personal identification number of the card to the Defendant’s name-free person, and notified him of the personal identification number of the card, with the word “I would reduce taxes by using other accounts because alcoholic beverages are more than 50%,” and “I would use only 30,000 if I would lend the passbook, and pay 15% of the daily amount within the limit of 3 million won.”

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Receipts without passbooks, and details of transactions;

1. Application of the Acts and subordinate statutes concerning the reception of letters;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the defendant does not have any record of punishment for the same kind of crime is favorable.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.