A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on February 12, 2020, the Defendant received the proposal that “the Defendant sent the e-mail card at 4.8% per annum from a name-free person who misrepresented B Bank Employees C, and then sent the e-mail card to 52 million won per annum.” On February 14, 2020, the Defendant sent the e-mail card to the e-mailed person on each of the above names, and around February 14, 2020, at a high-speed bus terminal in the name of the Defendant at the e-bank account (E), F Bank Account (G), Enterprise Bank Account (H), Enterprise Bank Account (H), J Union Account (K), and N Bank Account (O), and sent the e-mail card to the e-mailed person under the name of the Defendant, each of which was linked to each of the above e-mailed to the e-mail bus account.

As a result, the defendant promised to receive a future loan in return for the intangible benefit, and lent the physical card and the password, which is the means of access to electronic financial transactions, to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Statement of the police about P;

1. A written confirmation of details of transfer transactions;

1. A message photograph;

1. General status of information providers, customer information inquiry table, details of account transactions, etc.;

1. CCTV withdrawal photographs, etc.;

1. Application of statutes on the content of Kakao Stockholm messages

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the amount of KRW 11 million out of the damage amount to the criminal defendant's account, the return of the victim thereafter, the defendant did not have any record of punishment for the same kind of crime, and the defendant transferred the crow card for the purpose of lending, but there is no actual profit.