In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on December 2, 2017, the Defendant called “a liquor company, if he lends a card, use it for 3 days for the purpose of tax reduction and exemption, and offer 3 million won per card.” On the 3th day of the same month, the Defendant sent a physical card connected to the account (C) of the Defendant’s name to the account in the name of the Defendant via Kwikset Service Articles, whose name cannot be known in the name in the front side of Namyang-ju, and around the 3th day of the same month.

As above, the Defendant promised to pay for and lent the means of access.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to deposit statements and certificates of deposit transaction;

1. Taking into account the pertinent legal provisions regarding criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transaction Act regarding the selection of punishment, the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and other conditions of sentencing as stated in the argument of the instant case, such as the reason for sentencing of imprisonment, the age, character and environment of the defendant