The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall, in using and managing a means of access, borrow or lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around November 12, 2018, the Defendant received an advertising text message stating that “The head of B Tax Team C shall use the check as a result of tax reduction or exemption, and shall pay KRW 3,300,000 per physical card,” from a person who misrepresented the head of B Tax Team C, and then sent it to the person who was not paid the name, after inserting the advertising text message, at around 14:00 on November 12, 2018, the Defendant entered one physical card connected to the Defendant’s corporate bank account (Account Number: E) in the Defendant’s residence located in Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City, in a book, and delivered it to the person who was not paid the name.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of statutes on account transfer;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing) is to be promised to pay the commission and lend the means of access, the occurrence of telecommunications-based financial fraud damage by using the means of access that was leased, the fact that there is no profit acquired by the crime of this case, the primary crime is the fact that there is no profit acquired by the crime of this case, the confession of the crime of this case, the fact that the detention was made by the crime of this case, the fact that the defendant's age, character and behavior, environment, the circumstances after the crime, etc. are contrary to the truth, and all of the sentencing conditions shown in the arguments of this case