A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall, in using and managing a means of access, lend the means of access in exchange for any receipt, request or promise of compensation.

On August 6, 2019, the Defendant issued a physical card and its password connected to the new financial investment account (B) under the name of the Defendant in order to obtain a loan from the Defendant with a contact that the Defendant would lend the physical card at the location near the coast of Incheon.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on deposit transactions;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; six months to one year and six months;

3. Determination of sentence: Six months of imprisonment, two years of suspended sentence: The fact that there is a record of being suspended of indictment for the same crime on January 29, 2015, the act of lending the means of access requires strict punishment because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has great social harm and injury; circumstances favorable to the fact that the means of access leased by the Defendant was actually used to commit Bosing; and there is no fine or any criminal record heavier than a suspended sentence. As above, the Defendant’s poor circumstances and the Defendant’s age are as follows.