A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On September 28, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court, and completed the execution of the sentence on February 9, 2018.

【Criminal Facts】

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

On April 10, 2018, the Defendant received the B message stating, “I would like to use the bitcoon’s workplace. He need to conduct mining operations, and use the bitcoon’s account to receive the fee, and I would like to use it as the condition that I would use it. I would like to give KRW 4.3 million in one account, KRW 4.3 million in two accounts, and KRW 9 million in two accounts.” At around 16:00 of the same month, at around 15:00 of the same month, I would like to put two bit cards connected to the Defendant’s name-based community credit cooperatives (E) and the new bank account (F) in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, the Defendant sent two bit cards to Park, and then, I would like to use the above name-wise and password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. A copy of a bankbook or a copy of a bankbook;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement records, application of Acts and subordinate statutes of Part III of judgment;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The offense of lending the means of access, such as this case’s reason for sentencing Article 35 of the Criminal Act among repeated offenders, requires strict punishment since it can be abused as a means of other crimes, such as scam, etc., the Defendant committed the instant crime during the repeated offense period due to fraud, and the Defendant lent cream cards at the time of lending.