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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 2019, the Defendant: (a) received a proposal from a person who was unaware of his name at a non-resident's name in Daegu-gu location to the effect that "B will lease 4,80,000 won on lease 4,000 won per 4,000 won per 1 week," and (b) accepted it; (c) on April 2019, the Defendant sent one check card connected to the account under the name of the Defendant to a person who was unaware of his name, using Kwikset-gu's Kwikset-dong service at the defendant's office located in the Eup/Myeon-gu, Daegu-gu, 201.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the F dialogue-related Acts and subordinate statutes;

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 Defendant lent the means of access with the promise of compensation, and the liability for the crime is not minor in terms of the fact that the means of access lent was used for fraud.

However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, and circumstances before and after the crime, are equally considered and the punishment is determined as ordered by the first offender who has no record of punishment so far.