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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around May 28, 2019, the Defendant received a proposal from a person who has no name, to the effect that “if you send a check of the account which will deposit the principal and interest of each month, you would have to get loans.” On the same day, the Defendant sent the physical card and one password, which is a means of access connected to the bank account (D) in the name of the Defendant, to the person who has no name, around the same day.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of transactions, photographs of a statement of transactions, application form for membership of a physical card, customer information inquiry, and telephone conversations;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; the fact that the defendant has no record of punishment for the same kind of crime.