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, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on February 20, 2019, the Defendant accepted a proposal from a name-free person who assumes the agent of B Bank C at an unsound place to the effect that “a loan will be made if he/she forwards a physical card to secure transaction performance as low interest rate loans are likely to be made, due to low credit rating,” and then, at around 16:00 on February 22, 201, he/she delivered one copy of C Card (F) connected with the Defendant’s bank account in the name of the Defendant at a restaurant near the construction site located in D, Gyeonggi-gu, Hanam-si, Gyeonggi-do, through Kwikset Service news article.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes on account transactions and dialogue;

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 (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there are particularly extenuating circumstances in relation to the commission of crimes or motive for crimes [the scope of recommendations and recommendations] mitigated area, imprisonment with labor for one month through six months;

3. The sentencing criteria are set by comprehensively taking account of the following circumstances and various factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and the circumstances after the crime.