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 became final and conclusive.

Punishment of the crime

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, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around December 5, 2018, the Defendant called that “an illegal soil site is managed, daily allowances are 1.50,000 won, daily allowances are 1.50,000 won for the purpose of security, and after paying money by using the check card, the Defendant would return it at the next time.” On December 6, 2018, at the request of the name-free box, the Defendant sent the above physical card to the name-free person by inserting one check connected to the IBK bank account in Gangnam-gu, Seoul, by inserting it in a manner that puts the above physical card in the name-free person and provides C message to the name-free person by placing it in the name-free person at the request of the name-free box.

As a result, the defendant provided a means of access in return for the intangible expectation interest that can be employed in future jobs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the receipt statute

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 Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that there is no criminal records, and the crime of this case is a sentencing factor favorable to the defendant. The crime of this case is the lending of electronic financial transaction media to receive the price and the means of access is highly likely to be used for other criminal acts. In fact, the means of access leased by the defendant seems to be used for singing fraud.