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

On November 30, 2018, the Defendant issued a summary order of KRW 2 million to the Seoul Eastern District Court for a violation of the Electronic Financial Transactions Act.

No one shall lend any means of electronic financial transactions in return for promising to receive consideration without special provisions in any other Act.

Nevertheless, on February 12, 2019, the Defendant received a proposal from a person who was not the name of the company and received the proposal that “if she wishes to obtain a loan, she would create a passbook under the name of the corporation. us will give a loan by setting up the transaction performance of the passbook which is a juristic person and raising the credit rating, and then accepted it. On February 19, 2019, the Defendant opened a bank account in the name of the limited company D at the location of the Cbank name-dong branch located in Gangdong-gu Seoul Metropolitan Government around February 19, 201, and opened a bank account in the name of the limited company in the name of the limited company. As the Seoul Gangdong-gu Seoul Metropolitan Government was the two pages of the passbook,

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. Data on replys to seizure warrants;

1. Report of investigation (verification of the same kind of suspect's power), application of summary order Act No. 2018 high-ranking 9940 of the same site Act to summary order;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Imprisonment with prison labor for not more than three years;

2. Scope of a recommendation [decision of types] according to the sentencing guidelines for offenses against the Electronic Financial Transactions Act (general crimes) and mitigation elements: simple participation [Scope of recommendation]: Imprisonment for not more than six months;

3. Determination of sentence [Incompetence] of the means of access under the name of a third party is highly likely to be misused for the crime, so it is necessary to strictly punish the crime, such as the delivery and distribution of the means of access.

After transferring the means of access such as the passbook, the payment was received.