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 lend a means of access used for financial transactions while receiving, demanding or promising any compensation.

Nevertheless, at around 16:30 on June 4, 2019, the Defendant called “to lend” from an unqualified person in front of the building in Gangnam-gu Seoul, Seoul, and promised to contact his nameless person to obtain a loan equivalent to KRW 10 million, and then, the Defendant sent one physical card connected to the bank account in the name of the Defendant to the employees of the deceased in name and notified the password of the above physical card by contact with the deceased in name.

Accordingly, the Defendant promised to pay for and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of written confirmation of transfer of money from damage;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. On December 5, 2016, the Defendant: (a) was investigated by fraud in relation to the Defendant’s withdrawal of the money that the defrauded remitted to the Defendant’s account; and (b) on May 18, 2017, the Defendant was aware of the fact that he was subject to a disposition from the Seoul East District Prosecutors’ Office (defluence of evidence). However, the Defendant was aware of the fact that the means of access should not be lent; (c) however, the act of lending the means of access used in electronic financial transactions, such as the instant crime, would facilitate other crimes, such as the fraud.