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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 2019, the Defendant received a proposal from a person with no name but to the effect that “it is necessary to receive money from an enterprise operated by our country, one of which is required to pay KRW 3 million in return for the use of one day.” On April 29, 2019, the Defendant issued a letter of check card linked to the D (E) account in the name of the Defendant in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to the F (C) who sent the above person with no name.

As a result, the Defendant promised to receive compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect with respect to F;

1. A copy of the protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing the details of DNA account transactions;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing): The lending of the means of access requires strict punishment because there are many cases where the lending is used as a means of other crimes, such as gambling, scaming, etc.; circumstances in which the deposit account provided by the defendant actually used for scaming and causing damage: the defendant recognizes and reflects the crime; the defendant does not have any profits actually acquired due to the instant crime; the defendant has no criminal records; the above circumstances and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the sentencing conditions indicated in the arguments and records of the instant case, such as the following circumstances.