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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around December 19, 2019, the Defendant: “Around December 19, 2019, there is no separate account due to personal loan; I want to lend the e-mail card. The e-mail card is used for the repayment of principal and interest;” and around the 20th day of the same month, the Defendant issued the e-mail card connected to the e-mail account in the name of the Defendant through Kwikset service near the Seoul Gangdongdong-gu Seoul Metropolitan Government B apartmentdong, to the e-mailed person.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement reply data and the Kakao Stockholm dialogue (Evidence No. 8);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to three years of imprisonment with prison labor within the applicable range;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses against the Electronic Financial Transactions Act (general crimes) and the scope of punishment for offenses against the Electronic Financial Transactions Act (special sentencing persons] without any element of aggravation and mitigation (the scope of recommendation punishment): April to October.

3. Determination of sentence [Incompetence] lending a means of access to a crime that is easy to obtain a loan with the knowledge that it will be used for such crime, and the liability for such crime is not easy.

In addition, even though a summary order was issued on November 18, 2019 for the same crime on the same occasion, there is a high possibility of criticism by lowering the crime of this case.

The defendant has been lent.