A defendant shall be punished by imprisonment with prison labor 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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 17, 2018, the Defendant, upon receiving a proposal from a person who has no personal name, lent a physical card to receive KRW 800,000 per day, if he/she lends the physical card to 30,000 won per day due to tax issues, and agreed to receive KRW 80,000 per day, and lent the means of access by using a copy of the physical card connected to the DNA bank account (number: E) in the name of the Defendant in the name of the non-resident on the same day from “C” located in B of permanent residence on the same day.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing receipts, search and seizure warrants;

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 transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

There seems to be no benefit acquired by the defendant due to the crime of this case, and there is no criminal record subject to a heavier punishment exceeding the fine.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, circumstances after the crime, etc. shall be considered and the punishment as ordered.