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

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 4, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented as an employee of a lending company to “3% interest per annum; (b) it is possible to lend money to 3 million won per annum; and (c) it is impossible to repay the principal and interest by account transfer because there is no evidence for an illegal loan; (d) if sending a e-mail card, it is possible to withdraw the principal and interest through the account every month; and (e) then sent one e-mail card connected to the account under the name of the Defendant at the celective store located in Ansan-si B, Ansan-si, Around 17:00 of the same day, and sent one e-mail card connected to the account under the name of the Defendant through e-mail (D).

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of transactions;

1. Application of the Acts and subordinate statutes on account transactions received;

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 (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 Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.

However, the Defendant did not have any specific criminal records other than once this previous and fine, and did not obtain monetary benefits in this case, taking into account the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime.