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 11, 2019, the Defendant, upon receiving the proposal that “if you send a physical card, I will create a transaction performance and loan KRW 10 million” from a person in charge of lending a personal card, the Defendant put a password on the front side of D, located in Gunsan-si C at around 15:00 on the same day, according to the direction of the person in charge of the above-mentioned name in accordance with the order of the person in charge of the above-mentioned name, entered the password on the back side of C, which is linked to the account (Account Number F) of the Defendant’s name, to the Kwikset service engineer.

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 to warrant of search, seizure and verification;

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 recognized the crime and reflects the fact that there is no record of criminal punishment, and the crime of this case is a factor for sentencing favorable to the defendant. It is necessary to severely punish the means of access that infringes on the trust in electronic financial transactions and lends the means of access that is highly likely to be used for other criminal acts. The actual fact that the means of access leased by the defendant is deemed to have been used for the crime such as singishing, etc. is considered as a factor for sentencing unfavorable to the defendant. In addition, the punishment was determined as ordered in consideration of the defendant'