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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around November 27, 2019, the Defendant received a proposal from a person who assumes a false name as a lending business entity and accordingly, determined that the Defendant did not actually disadvantage the Defendant’s exercise of his/her right to defense on December 16, 2019, and revised the date and time of issuance without any changes in the indictment.

At the Sungwon-si post office 20, 863-gil, Sungwon-si, Sungwon-si, delivered a physical card to the person who is not the name of the defendant through the 1st house line connected to the post office account (B) in the name of the defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Article 1] general scope of crimes [the scope of recommendation] basic area, April to October of imprisonment;

2. Following the decision of sentence, the execution of imprisonment shall be suspended in consideration of the sentencing conditions as prescribed by Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive for committing the crime and circumstances after committing the crime, and the probation shall be ordered to prevent recidivism.

[Unfavorable circumstances] The means of access for O electronic financial transactions is highly likely to be used for committing crimes, such as singing, etc., and in this case, the means of access leased by the defendant.