However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

No person shall lend a means of access while receiving, demanding or promising to receive compensation in using or managing a passbook, card, etc. which is a means of access used for electronic finance.

Nevertheless, at around 15:05 on March 21, 2019, the Defendant listened to the horses that “a loan can be made if he send a physical card” from a person without his name, and sent a physical card connected to the Defendant’s name B (C) account at the Gwangju Southern-dong post office located at No. 76-gil 2, Nam-gu, Gwangju-gu, Gwangju-gu.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes for verification;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The act of lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as a means of other crimes. The means of access in this case that the Defendant lent was also used for the crime of fraud.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the confession of the defendant, the fact that the defendant has no record of punishment except for the previous conviction of the fine and one time, the fact that the defendant was unable to gain profits from the crime of this case, and the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc. as shown in the argument of this case, shall be determined as ordered by considering the following factors.