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 became final and conclusive.

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, around November 5, 2018, around 18:30 on November 5, 2018, the Defendant: (a) around Seongdong-gu, Seongdong-gu, Seoul; (b) from his name-free persons, the Defendant was given a loan from his name-free persons to the maximum amount of KRW 5 million; (c) the card was returned on the date on which all of the loans are repaid, hearing the words “to send a personal-owned card. If the Defendant wishes to obtain the loan,” and then, (d) a check card linked to the Cbank’s account in the name of the Defendant was sent to his name-free persons.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as an application for opening an account and deposit details;

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 Act on the Suspension of Execution is that the defendant recognized the crime, and that there is no same criminal history in the form of sentencing favorable to the defendant. The crime of this case is committed in return for the payment of the electronic financial transaction medium and its lending is highly likely to impair the trust in the electronic financial transaction and use the means of access to other criminal acts. The actual fact that the means of access leased by the defendant seems to have been used for the crime such as singinging, etc. is considered as the factors of sentencing disadvantageous to the defendant, and the punishment was determined as ordered in consideration of the defendant's age, character