A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on November 1, 2019, the Defendant listened to the statement that he misrepresented “C” employees of B Bank employees at the Gunsan-si (hereinafter referred to as “C”), stating that “I would allow B Bank employees to open a Maspbook by raising the account level that has made the transaction details,” and around the 13th day of the same month, the Defendant sent an authorized certificate connected to B Bank accounts in the name of the Defendant using a mobile phone at the Defendant’s residence located in D apartment E at the same time, to “in the document to produce the certificate,” and sent the number, password, identification number, identification number, and authentication number respectively.

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. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Suspect AKakao Stockholm dialogues);

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 reason for sentencing under Article 62(1) of the Criminal Act is that the instant crime is committed on the grounds of suspended sentence (hereinafter referred to as “the favorable sentencing conditions”) and lending the electronic financial transaction media to receive consideration, and thus, requires strict punishment because the means of access that has damaged trust in the electronic financial transaction and has high possibility of being used for other criminal acts. The actual fact that the means of access leased by the Defendant appears to have been used for the scaming fraud, and that the Defendant was disadvantageous to the Defendant that the crime of this case was committed during the period of suspended sentence due to the same criminal record.

However, the criminal act of this case is committed in reliance on the statement of the nameless winner who misrepresented the bank staff.