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

No person shall, in using and managing a means of access, borrow or lend the means of access while demanding, demanding or promising compensation therefor.

Nevertheless, at around 16:00 on January 9, 2019, the Defendant: (a) received the offer from a person who assumes an employee of a liquor company, stating that “I will be subject to the reduction or exemption of alcoholic beverage tax so high; (b) if the head of the Tong or the card needs to be lent it, I would be paid KRW 300,000 per day; and (c) sent a physical card connected to the national bank account (D) under the name of the Defendant and sent a password to a person who lacks the name, and notified the password.

Accordingly, the Defendant promised to receive compensation 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 the reply-related 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 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 only the person who has been punished once by a fine due to a type of a crime is punished as favorable to the defendant. The crime of this case is the fact that the electronic financial transaction medium is provided as compensation and the 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 scaming fraud, etc., taking into account the defendant's age, character and conduct, and motive for the crime, etc., and the punishment was determined as ordered.