A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 in receiving, demanding or promising compensation.

Nevertheless, on November 1, 2018, the Defendant received a proposal from a person who was named as a police officer on his or her name, stating that “The e-mail card to be used is 80,000 won per day on a day when he or she borrowed the e-mail card.” In response, the e-mail card was returned after one week, and around the 19th day of the same month, the e-mail card connected to the national bank account (D) in the name of the Defendant in Daegu North-gu, Daegu-gu, sent the e-mail card to the person who was named as a national bank account (D) and lent the means of access to financial institutions while notifying the password of the above account.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant provided a means of access in return for promising compensation. In this regard, the liability for the relevant crime is not minor in terms of the fact that the means of access lent was used for fraud.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by taking into consideration the following factors: (a) the Defendant’s depth and reflects the Defendant’s criminal history, and even if the amount of fraud was not withdrawn and returned.