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 access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant, who lent a physical card from a person in non-name, received a proposal that 3 million won should be given 30 days after the use of the 30-day card per week, and promised to lend the e-mail card under the name of the Defendant in return for the lending of the e-mail card. On March 13, 2018, the Defendant lent the e-mail card connected to the Defendant’s new bank (D) through the name of the Defendant in Bupyeong-gu, Incheon. On March 13, 2018, the Defendant lent the e-mail card connected to the e-mail card under the name of the Defendant by sending the e-mail card to the non-indicted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Submission of a report on internal investigation (Submission of a certificate of transfer transaction);

1. Data on new bank replies;

1. Application of the provisions of Acts and subordinate statutes on account details and photographs of mobile phone pictures;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act due to the lending of an access medium connected to a new bank with the head of a bank with a heavier penalty);

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The access media that the Defendant lent seems to have been used in the phishing fraud crime, which actually tried to lend the loan, and considerable damage is likely to occur.

The defendant lent multiple access media, and the investigative agency knows that it is illegal to lend a check card in order to use a borrowed account.