Except as otherwise provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, requesting or promising any compensation.

Nevertheless, from February 2019 to March 2019, the Defendant proposed that “B,” in front of the main place of “B,” in the area of active service in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and that “I would make a work loan by making a transaction record if he/she transferred a check to a lender,” and that “Kwikset service article sent by the above bearers, he/she added a physical check, security card, and password connected to the Defendant’s name Cbank account (D).”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant legal provisions concerning facts constituting an offense and reasons for sentencing under Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 1] general crimes [Special Sentencing]: Reduction elements of mitigation: simple participation [the scope of recommendation area and recommendation range] mitigation range, and one month to six months in imprisonment;

3. The act of lending a means of access for an unfair electronic financial transaction that is disadvantageous to the determination of the sentence requires severe punishment due to its harmful effects, such as not only impairing the safety and reliability of the electronic financial transaction but also widely abused as a means of other crimes.

The means of access that the Defendant lent as the instant crime is actually done.