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

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

Punishment of the crime

No person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on September 14, 2018, the Defendant sent the physical card connected to the Defendant’s name bank account (G) at the E store, to the address of which the said person was notified of the fact-finding on September 14, 2018, that “The Defendant would pay KRW 2,400,000,000,000,000 to three days each from the date of lending the e-mail card due to tax issues.” On September 14, 2018, the Defendant sent the e-mail card connected to the Defendant’s name bank account (G) at the E store.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on damage to H;

1. Application of the transfer certificate or response data (A) Acts and subordinate statutes;

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 act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.

However, according to a comprehensive consideration of various factors of sentencing specified in the trial of this case, such as the defendant's acknowledgement of facts constituting a crime and there is no record of criminal punishment before, the motive and circumstance of the crime of this case, the number of means of access transferred, the amount of relevant damage, the circumstances after the crime, the age of the defendant, character and conduct, family relationship, economic circumstances, etc., shall be determined as ordered by the court of this case.