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

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On October 2018, the Defendant: (a) received a proposal from a deceased police officer, who was named in the name of the Defendant, that “on the face of sending a physical card, he/she would make loans as security; (b) delivered the physical card connected to the D (E) account in the name of the Defendant to Kwikset service article on October 17, 2018.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A photograph of a petitioner, deposit receipt, details of transactions, and details of withdrawal;

1. Application of the Acts and subordinate statutes governing the disclosure of financial information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The act of lending to another person the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be used as the tools of other crimes, such as Bosing, etc. In fact, the Defendant’s liability for the crime is not weak in that the means of access leased by the Defendant was used in the crime of Bosing fraud.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake and reflects, the primary offender, the defendant's age, character and conduct, environment, circumstances of the crime, means and results, etc., and all the conditions of sentencing as shown in the arguments and records.