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 becomes final and conclusive.

Punishment of the crime

No person shall borrow or lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

Nevertheless, around July 4, 2018, the Defendant sent the physical card identification number to a person who is not the name holder of Yongsan-gu Seoul Metropolitan Government from the name holder C in order to reduce or exempt taxes. If the Defendant borrowed the account, he would pay KRW 700,000 per day of each account in return for the lending of the account.” Upon receipt of the proposal, the Defendant sent the physical card number to a person who is not the name holder through a house connected with the D bank account (E) in the name of the Defendant, and then sent the physical card identification number by telephone at the same place as the Defendant on July 5, 2018.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The president of the H’s complaint;

1. A H statement;

1. Details of I conversations;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the details of account transactions in the F Bank);

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the Defendant’s use of the means of access for the crime of Bosing, taking into account the favorable circumstances, such as the following: (a) whether the Defendant’s means of access was used for the crime of gambling; (b) whether the Defendant’s personal rehabilitation was committed in a difficult situation; and (c) whether the Defendant was punished twice as a crime of gambling.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.