Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, on June 25, 2018, the Defendant received a proposal that “if he/she lends a physical card for three days, he/she will pay 1.8 million won.” On June 25, 2018, the Defendant sent the physical card, which is a means of access connected to the Defendant’s account (Serial number: D) in the name of the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government, to Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the accused was used for the fraud.

The punishment shall be determined as ordered in consideration of the circumstances, such as the fact that the defendant shows the attitude to recognize and reflect the mistake, the history and background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, etc.