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

Nevertheless, on June 11, 2019, the Defendant listened to the phrase “a request to send a physical card so that he may withdraw interest and principal at the monthly interest rate of 5 million won,” from a person who assumes a false name as the team leader B of an individual office B, and around June 12, 2019, the Defendant issued a physical card connected to the Defendant’s account under the name of the Defendant in the Daegu Seo-gu Building C Co., Ltd. (F) via Kwikset Service’s news, and notified the password of the said account via the Kwikset Service’s news.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the statutes on the remittance statement of the amount of damage, the data on financial transactions in warrants (E Association), and the Kakao Stockholm conversation data;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime, as the crime of this case, needs to be strictly punished as an act assisting another crime, such as the crime of Bosing fraud, and considering the following factors: (a) the cream card and the account of the Defendant lent by the Defendant was actually used in the crime of Bosing fraud; (b) the fact that the Defendant actually used in the cream card and the accounts of the Defendant connected thereto was considered as disadvantageous to the Defendant; (c) the fact that the Defendant recognized the facts of the crime