A defendant shall be punished by imprisonment for six 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

No person shall borrow or lend a means of access while receiving, demanding or promising compensation.

Nevertheless,

1. On August 2019, the Defendant: (a) received a proposal from a police officer under the name of the deceased on his/her own name, that “if he/she sends a physical card, he/she will create a transaction performance using it to the account and enhance credit, and then lend his/her bank account to the account; and (b) sent a copy of the physical card connected with the Defendant’s name D (Serial E) through Kwikset service in front of the Defendant’s residence.

2. On November 22, 2019, the Defendant received a proposal to the same purport from a person in non-name, and made a lending cycle for his bank account, and then sent a check card linked to the FFFFF (number G) account under the name of the Defendant through Kwikset in front of the said Defendant’s dwelling.

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving, demanding or promising the payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of I;

1. Three copies of the transfer certificate, and the transfer certificate;

1. The application of statutes on search, seizure and verification warrants and financial transaction information;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the means of access leased as in the instant crime can be used for the crimes of licensing. Therefore, there is a need to strictly punish the means of access leased by the Defendant, the means of access actually used for the crimes of licensing, and the means of access leased by the Defendant under investigation by the police by committing the crime under paragraph (1) of the holding.