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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 11:15 on April 29, 2019, the Defendant received a proposal from an unqualified person to “to lend 15 million won to the principal and interest of the loan,” and accepted the proposal. On the same day, around 18:00 on the same day, the Defendant sent Kwikset service officer a copy of the check card connected to the Defendant’s name-based securities account (C) in front of the building B, and notified the name-oriented person of the password card’s password by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on replies by financial institutions;

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 (i.e., the recognition of and radius from a suspended sentence, and the fact that there are no same electricity and no electricity exceeding the fine, etc.);