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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, while promising to receive or request compensation.

Nevertheless, on December 20, 2018, Defendant 2: (a) notified and contacted Defendant 2 through B at an infinite place to “non-security lending”; (b) provided a proposal that “on the face of sending the check of the account in use that is not an ordinary loan, if you wish to extend the transaction performance, you will to borrow the loan; and (c) promised to receive the loan by delivering one copy of the check (Account Number C) connected to the Defendant’s national bank account to the Defendant’s national bank account at the same time on the same day and then lent the said means of access to the bearer service provider infinite-gu, Swikset on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Statements of customer information, and details of transactions of entry and withdrawal;

1. Application of Acts and subordinate statutes on deposit certificates;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The card lent by the defendant was actually used for fraud crime.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

There is no criminal record of the same kind of crime in addition to the punishment power of fines due to other types of crimes.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.