1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall, in using and managing the means of access necessary for electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant borrowed the means of access by delivering two copies of the physical card linked to the D account (Account Number: E) and F (Account Number: G) in the name of the Defendant in the name of Kimpo-si, around June 2019, when the Defendant was offered a proposal that “The Defendant would lend the e-mail card, which is necessary for the reduction of and exemption from taxes, to KRW 50,000,000,000,000,000,000,000,000.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Certification of the results of electronic financial transfer, inquiry into customer matters, application of customer information-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for four months - one year and three months (=the maximum limit of basic crime crimes No. 1/2).

(a) Basic crimes and concurrent crimes: Imprisonment with prison labor for a violation of the Electronic Financial Transactions Act (Crimes of Violating the Electronic Financial Transactions Act, Types 1) - Special prison labor for 10 months (basic area): None of the following:

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, and lending of the means of access used in social service electronic financial transactions should be strictly punished as acts facilitating other crimes, such as the crime of Bosing fraud. In fact, the Defendant’s lending account was used for the crime of Bosing fraud, thereby causing damage.