A defendant shall be punished by imprisonment for four 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 borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around August 19, 2018, the Defendant accepted a proposal that “The head of the Si/Gun/Gu will give three million won a physical card to use the physical card for three days for the settlement of alcoholic beverages” from the person in default on his/her name, and then, accepted it through Kwikset Service, which was connected to the Defendant’s Cbank (D) account, to the person in default on his/her name, and notified the password to E.

Accordingly, the Defendant loaned the means of access by demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. F’s authentic statement and confirmation of the occurrence of the relevant accident;

1. Details of replies to financial transaction information;

1. Application of two Acts and subordinate statutes in Chapter E dialogues and letter of remittance results;

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 transferring the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) is serious as a consequence of facilitating the crime such as tax evasion, Bosing fraud, etc., and there is room to view that the means of access in the name of the defendant was actually used for the crime of fraud, and that strict punishment is necessary.

However, there are other circumstances that may be considered, such as the defendant's acknowledgement of a mistake late and against it, the fact that there is no record of punishment for the same kind of crime, and the fact that the amount of damage has been recovered and the damage has not been realized. Accordingly, various conditions of sentencing as shown in the trial process of the case are comprehensively considered.