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 any means of access, such as an electronic card, password, etc. used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and information thereon in electronic financial transactions, upon receipt, request or promise of the price therefor.

Nevertheless, around October 22, 2019, the Defendant received a proposal to the effect that “When sending a physical card, the Defendant would make a loan after raising the credit rating by making a transaction performance through paying in and withdrawing the card,” and consented to it. Around that time, the Defendant sent a physical card connected to the D account in the name of the Defendant at the C office located in Young-si B, through the Defendant’s name, and then sent the password to the nameless person by telephone.

As a result, the Defendant promised to lend a means of access used in electronic financial transactions in return for an intangible expected profit to receive a future loan.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the Acts and subordinate statutes on the transfer slips to F of the police statement, the copy of G written statement, and the transfer slips;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the defense counsel's assertion under Articles 70 (1) and 69 (2) of the Criminal Act, where a sentence of suspension of execution of punishment is invalidated or revoked)

1. The alleged defendant sent a physical card to obtain a loan and notified the password, so it cannot be deemed that he/she lent a means of access with his/her promise to receive a loan.

2. Determination

A. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act means the management and supervision of a user of a means of access on a temporary basis, demanding or promising payment.