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 became 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 compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 5, 2019, the Defendant received a proposal from the non-name card holder (the first name B Co., Ltd.) that “4 million won will be loaned when sending the physical card” from the Defendant’s office located in Si/Gun, Gunsan on the same day according to the orders of the above-mentioned non-name card holder, and entered the password in Chapter 1 of the C Card connected to the bank account (Account Number F) in the name of the Defendant, and sent it to Kwikset service article.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on details of transfer;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that there is no criminal punishment prior to the instant case, which is favorable to the defendant. The instant crime is a factor for sentencing in favor of the defendant. The instant crime is a lending of an electronic financial transaction medium to receive compensation and thus requires strict punishment because the means of access is likely to impair trust in electronic financial transactions and be used for other criminal acts. The means of access actually lent by the defendant seems to have been used for crimes, such as scamsing, etc., are considered to be factors for sentencing disadvantageous to the defendant, and is determined as ordered in consideration of the defendant’s age