A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 3, 2019, the Defendant: (a) received a proposal from a person who misrepresents the employees of a lending company in the name of the name, stating, “on the face of sending the check card to repay the loan principle, the Defendant would proceed with the loan; and (b) delivered the check card to the above person in the name of the Defendant, via a 1 copy of the check card linked to the new bank account (D) with the name of the Defendant at the office located in the Gu, Changwon-si, Changwon-si, 16:00 on the same day.

Accordingly, the defendant, in return for the intangible expected interest of future loans, lent the approach media to the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Detailed statement, etc. of each transaction, application form for opening an account, and account transaction;

1. Application of the Kakao Stockholm dialogue legislation

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The defendant's act of claiming does not constitute leasing the access medium with the promise of compensation.

2. In full view of the above evidence duly adopted and examined by this Court and the following arguments, it is determined that the defendant's act committed in return for compensation and lent the check card, which is an access medium.

The Electronic Financial Transactions Act was enacted to clarify the legal relationship of electronic financial transactions to ensure the safety and reliability of electronic financial transactions (Article 1). “The act of lending an access medium while demanding or promising the payment of the price is prohibited (Article 6(3)2).” Article 49(4)2 of the Electronic Financial Transactions Act punishs a person who lends the access medium in violation of the aforementioned provision (Article 6(3)2). “Lending of an access medium” as prescribed by Article 6(3)2 of the Electronic Financial Transactions Act is the user of the access medium.