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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Around 15:00 on August 7, 2019, the Defendant: (a) received a proposal stating that “a bank will loan KRW 50 million to a bank account in the name of the Defendant,” from a person who was not the name of the Defendant; and (b) issued a letter of check to a person who was not the name of the Defendant at a bank account in the name of the Defendant at the office located in Chungcheongnam-gun, Chungcheongnam-gun; (c) issued a letter of check to a person who was the name of the Defendant.

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. The police statement concerning F;

1. Application of Acts and subordinate statutes on response data by the D Bank;

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 Act on the Suspension of Execution is that the lending of means of access, such as physical cards, etc., is considerably harmful to society as it is used for various crimes, such as scaming, etc., the fact that the Defendant’s lending card was actually used for the crime of scaming, the Defendant committed the instant crime again while being tried to commit the crime by violating the Electronic Financial Transactions Act, and other circumstances, including the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc.