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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around November 27, 2019, the Defendant heard a proposal to the effect that “a loan may be harmed, and it is necessary to receive the principal and interest, sent the physical card,” and accepted it on November 28, 2019, and then delivered the physical card linked to the B bank account (C) opened in the office located in the Dong-gu, Gangwon-gu, Gangwon-si, Seoul, to the address of the deceased and then sent the above name card to the address of the deceased. At that time, the Defendant sent the above name card to the address of the deceased.

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. Written statements of D;

1. Details of transfer, and financial transaction statement;

1. Application of Acts and subordinate statutes on registered postal items;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (negative) is against the Defendant’s recognition of the instant crime.

The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.

The defendant did not take any advantage of the crime of this case.

[M] The lending of a means of access is an act that facilitates various crimes, such as tax evasion and phishing, and such social harm is serious, and the liability for such crime is not less severe.

The means of access leased by the Defendant was used for the crime of Bosing.

This situation is the age, character and behavior of the defendant.