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

In using and managing a means of access, no one may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 12, 2019, the Defendant received B message from a person who is not a legitimate borrower, and accepted it to the effect that “it is necessary to use a personal monthly loan because the transaction is revealed because it is not a legitimate borrower.” On August 13, 2019, around 14:00, the Defendant sent Kwikset’s C card, which was linked to the Dokset’s account (E), to the nameless person, through Kwikset’s service articles, around the point of the Dkset’s C located in Seongbuk-gu Seoul.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on investigation, a written confirmation of the results of electronic financial transfer attached thereto, and a written confirmation;

1. A report on investigation (report on the result of execution of a warrant for search and inspection) and attached specification of transactions and customer information inquiry table;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are favorable to the defendant that the defendant recognized the crime of this case and commits the crime of this case. The crime of this case is transferred to the means of access that can be used for the so-called Bosing crime or Internet fraud crime, and the nature of the crime is not good in that the means of access actually transferred to the defendant was used for the Bosing crime, and even if the defendant was suspended indictment for a similar crime, the crime of this case is committed again against the defendant.