A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around August 13, 2018, the Defendant received a proposal from a nameless person who misrepresented B Bank employees to the effect that “if you send a physical card, you would make a transaction statement and get a loan as if he received monthly pay, and then return the physical card.” On August 17, 2018, the Defendant sent three copies of the physical card connected to the bank account in the name of the Defendant’s name from the Busan Central East East East East Office, Inc., located at the 216 Sinsan City Gyeong-dong post office around August 17, 2018.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. H’s petition;

1. Application of Acts and subordinate statutes to a warrant of search, seizure, and verification, investigation report (Attachment of a suspect AI conversation), investigation report (Attachment of two account transactions in the name of a suspect E in the name of a suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to be abused as a means of other crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the means of access leased by the accused actually used to commit fraud, the fact that the fraudulent damage has not been recovered, and the fact that the accused lends three means of access is disadvantageous to the accused.