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 a means of access while receiving, demanding or promising compensation.

Nevertheless, on April 24, 2019, the Defendant: (a) delivered to Kwikset Service Articles, who misrepresented a personal bond company at the interest rate of KRW 20 million, with a view to receiving KRW 20 million loans and interest on the designated payment date, after having contacted, the Defendant borrowed the means of access by promising Kwikset Service Articles, who sent nameless winners on the front side of B in optical-si, on April 25, 2019, around 14:00, in order to receive KRW 20 million from a nameless person who misrepresented the personal bond company; and (b) in return for intangible expected interest that can receive future loans, the Defendant promised to lend the means of access to the financial institution by promising Kwikset Service Articles (Account Number: D) linked to C (Account Number) opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Data replies to financial institutions;

1. Application of statutes on details of transactions of victims;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The card lent by the defendant was actually used for fraud crime.

The accused may have a criminal record, including punishment, for other types of crimes.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

Partial amount of damage was refunded to the defrauded.

There is no record of punishment for the same crime.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.