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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On January 13, 2020, the Defendant was able to lend KRW 3 million to the Kakao Kakao Kakao from a person who was not aware of his name.

Since it is possible to grant a loan with a limit of daily withdrawal of at least 6 million won, one check shall be sent to confirm the limit.

“On receipt of the proposal, at the office of the defendant in Daegu-gu, the same day, at the office of the defendant in B, he issued Kwiksets connected to the account (D) in the name of the defendant to Kwikset service article, and sent the password to Kwikset.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on internal investigation (the sequence 3 of evidence lists);

1. Application of the response statutes related to the provision of financial transaction information;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act assisting another crime, such as the crime of Bosing fraud, etc. In light of the circumstances that the Defendant’s lending card and the Defendant’s account connected thereto was actually used in the crime of Bosing fraud, etc., considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the facts of the crime and appears to have divided, and the first offender is determined as per Disposition, taking into account the circumstances favorable to the Defendant.