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

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on September 23, 2019, the Defendant, who misrepresented “B” staff members of the liquor company at the store below the Si of Gunsan, listened to the statement that the Defendant “on the basis of lending an account necessary to solve the problem of liquor company’s tax, the Defendant would give KRW 1 million per unit rent.” At around 14:45 of the same month, the Defendant issued three copies of the physical card, each connected to the “Dwest Militarysan Business Office” in C located in the same city of 14:45 of the same month, at home, to the Defendant’s E bank account (F, G), and H bank account (I).

As a result, the defendant agreed to the compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Details of providing financial information;

1. Application of message details-related Acts and subordinate statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, the primary offender, the fact that the victim appears to have recovered the money acquired through the suspension of payment to the account, and the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case is the fact that the means of access lending the electronic financial transaction media to receive the price and lending the means of payment is highly likely to be used for other criminal acts. The actual fact that the means of access lending by the defendant is deemed to have been used for the crime such as Bosing fraud, etc. is considered to be the factor for sentencing disadvantageous to the defendant, and the punishment was determined as ordered, considering the defendant's age, character