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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 7, 2020, the Defendant received text messages from a person who was named in the name of the Defendant and heard the statement to the effect that he would make loans from the person who was named in the name of the Defendant by posting a counseling call, and making loans after making a transaction record from the person who was named in the name of the Defendant. On or around the 8th of the same month, the Defendant issued one check card connected to the Defendant’s bank account (C) in the name of the Defendant in Geumcheon-gu Seoul, Seoul, via Kwikset Service Articles, and notified the person who was named in the name of the phone.

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. Defendant's legal statement;

1. Statement by the police in D;

1. A warrant for search, seizure, and verification (2020-1482) records on execution reply and reply to a request for provision of financial transaction information;

1. Application of Acts and subordinate statutes on the total list of seized articles, and the list of seized articles;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the conditions of sentencing, including the Defendant’s age, character and conduct, environment and balance with similar cases, shall be determined as indicated in the disposition.

Since the act of lending the means of access is serious in that it is used as a means of crime, such as scam, it is necessary to strictly punish the act, and the means of access in the name of the accused was used for actual crime.

It can be easily seen that the transaction performance is not a normal financial procedure, even though it can be easily seen that the lending work is not an ordinary financial procedure.

I. The defendant