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

On October 16, 2019, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court on one-year imprisonment with prison labor for an injury, and the judgment became final and conclusive on October 24, 2019.

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, the Defendant, at the end of June 2019, received the proposal that “it is a company engaging in alcoholic beverage business due to any tax problem, and it is necessary to receive the payment of alcoholic beverages. When lending the physical card, it will be used a day and returned as 300,000 won per day.” On the same day, the Defendant sent one physical card connected with the Defendant’s bank account (E) in his name before the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government B apartment C, and sent one copy of Kwikset through Kwikset’s service, and sent the above account number and the physical card password to Kakao x.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of transactions, such as G Bank;

1. Previous records: Criminal records, general details of cases, and application of statutes of the judgment;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: (a) appears to be favorable to the recognition of and reflect on the crime; (b) the equity with the case where a judgment became final and conclusive should be taken into account; and (c) the defendant seems to have brain dystypology and sypology, etc.; (d) the means of access used in committing the crime and causing damage.