A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 11, 2018, the Defendant received the proposal that “The Defendant will pay KRW 3 million on three days if he/she lends his/her physical card” from a person who was unable to receive his/her name (the name B office chief) and, in accordance with the direction of the person who was unable to obtain his/her name, entered the password in front of the Defendant’s office located in Gunsan City C, on the top of the Defendant’s office, at around the 14th day of the same month in front of the Defendant’s office in Gunsan City, and entered the password in the back of the Defendant’s SK Securities Account (Account Number D).

As a result, the Defendant promised to receive KRW 3 million in return, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on financial details;

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 defendant acknowledges and reflects the crime, and that there is no same criminal record and no criminal record exists after 2000, the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case is that the means of access which infringes trust in electronic financial transactions and lends its means of access is highly likely to be used for other criminal acts, and thus requires strict punishment. The actual means of access that the means of access leased by the defendant is deemed to have been used for crimes, such as Bophishing fraud, is considered to be an element for sentencing disadvantageous to the defendant. It is determined as ordered in light of the defendant's age, character