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

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

3.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one may lend a means of access by a financial institution to receive, request or promise any compensation.

Nevertheless, around August 21, 2019, the Defendant received a proposal from a person whose name is unknown, stating that “if he/she is a liquor company, he/she will pay 3 million won per head, he/she has lent e-mail cards for three days for the purpose of tax reduction or exemption.” In response, around 15:00 on August 23, 2019, the Defendant sent e-mail card to a person whose name is not known at the Cbucheon-si (Cbucheon-si)’s bank account in the name of the Defendant, and the company bank account in the name of the Defendant, two copies of the e-mail card linked respectively to the account in the name of the Defendant.

Accordingly, the Defendant lent the means of access to financial institutions while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the closure screen, such as the certificate of remittance and the statement of conversation, data on replies to financial institutions, screen of the closure of text messages, and details of account transactions in enterprise banks;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 with prison labor for not more than three years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment for four months - October.

(a) Crimes violating the Electronic Financial Transactions Act, type 1;

(b) Special sentencing elements: None;

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service, and 120 hours of electronic financial transactions; lending means of access used in electronic financial transactions to facilitate other crimes, such as Bosing fraud, need to be strictly punished. In fact, the Defendant’s lending account was used to commit Bosing fraud, resulting in damage.

However, the defendant recognizes all his mistake.