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

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, on October 28, 2019, the Defendant introduced as a member of B Bank through the text message of a loan advertisement, and then, it is difficult to provide loans due to the lack of income for the Defendant. It is difficult to use the e-mail card as a student because of the lack of income. The Defendant offered a proposal that “I will provide loans of KRW 2 million after the establishment of income documents by drawing up two transaction records by withdrawing the e-mail card.” On the same day, the Defendant sent the e-mail card to the Defendant’s bank account (C) and D Bank account (E), respectively, at a high-scale post office located in 1057 U.S.-si university in Busan Metropolitan City on the same day.

As a result, the Defendant promised to lend the means of electronic financial transactions in return for the intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of account transactions, Kakakao text, application of Acts and subordinate statutes on investigation reports (Account Number Confirmation);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. 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 factors] mitigation factors: where there are particularly extenuating circumstances in relation to commission of crimes or motive of crimes [the scope of recommendation and recommendation range] mitigation range, imprisonment with prison labor from January to June 2.