A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, the Defendant received a proposal from a name-free person to the effect that he will lend KRW 20,000,000,000,000,000 from the Defendant’s company located in Gangseo-gu Busan Metropolitan Government on October 19, 2019. On October 19, 2019, the Defendant issued a letter of check-free bank account (Account Number: C) in front of the Defendant’s company located in Gangseo-gu Busan Metropolitan Government, through Kwikset service.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Request for warrant of search, seizure and verification, and provision of communications data;
1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;
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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of sentence under law] 1 month or 3 years [the decision of a sentence] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] : simple participation [the general person who has a certain amount of profit] - where there is no actual amount of profit or minor amount of profit - the amount of reduction [the scope of recommendation] mitigation area, 1 month or month to 6 months [the period of suspended sentence] - There is no positive participation, - there is no amount of profit of the same kind of crime - If there is no actual amount of profit: there is no actual amount of profit or minor amount of profit - there is no amount of profit: Imprisonment with prison labor 4 months or more, it would be serious social harm for the defendant.