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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around June 19, 2019, the Defendant, after hearing the statement from a person without a name (the name “B”) to the effect that “when sending an authorized certificate, the Defendant would have the so-called work loan by accumulating the false transaction performance,” and agreed to obtain a loan by sending an authorized certificate. On June 20, 2019, the Defendant issued an authorized certificate connected with the Defendant’s new bank account (Account Number C) with the password and issued it to the above person with the personal identification number.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of trade-related Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to three years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. 8 months of imprisonment with prison labor for the decision of sentence, 2 years of suspended sentence: The existence of the same kind of force, and the means of access as in this case can be abused for crime and thus has great social harm: the defendant seems to be against this case, and the above circumstances shall be determined as per the order by comprehensively taking into account the defendant's age, character and behavior, environment, motive for crime, means and result, etc.