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

However, 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 knowing that he/she is used for a crime or will be used in such crime.

On May 24, 2018, the Defendant received a proposal from a person who is unable to know his/her name by telephone from a point of call located at the window B of Chang-si, Changwon-si, and accepted a loan fraud crime to the effect that “The lending is likely to take place because of low credit points, and if the lending is transferred, it shall have increased the transaction performance by raising the loan by making a false transaction performance.” On May 24, 2018, the Defendant sent a passbook, physical card, and one OTP, which is linked to the company bank account (E) in the name of the Defendant at the bus stop of Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Seoul, around 20:0 on May 24, 2018.

Accordingly, the defendant delivered the means of access for the purpose of allowing the use of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written petition;

1. Application of Acts and subordinate statutes on financial data, replys and details of financial transactions;

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act that choose a penalty (or, collectively, the choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act;

1. According to the grounds for sentencing under Article 62-2(1) of the Social Service Order Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: Suspension of indictment for a crime of the same kind and imposition of a fine of KRW 5 million (2018), which is reasonable to criticize by repeating the crime within a short period; circumstances favorable to the defendant, such as actual use of the means of access that the defendant has passed in the telecommunications-based financial fraud: The fact that there is no criminal record exceeding the fine, and there is no personal gain, living, etc.