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 one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on August 2019, the Defendant received a proposal from a person whose name is unknown to the effect that “on the face of sending a e-mail card, the Defendant would extend the transaction performance to KRW 30,000,000,000,000,” and consented thereto. On August 2, 2019, the Defendant sent a e-mail card, linked to the Defendant’s name Cbank account (D), to a person whose name is unknown, using the e-mail service, and sent the password of the said account to the Kakao Stockholm messages.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the detailed statement of transactions of automation machinery and the response statutes of the Cbank;

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. As the act of lending the means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as the means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the nature of such crime is not good. The means of access leased by the defendant was actually used for the crime of fraud, and the defendant had experience in investigating by committing a crime of violating the Electronic Financial Transactions Act around 2017.

However, in light of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the benefit acquired by the instant crime is deemed to have no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime; and (c) the conditions of sentencing specified in the pleadings after the instant crime,