A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years 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, in June 2018, the Defendant received a proposal from a person who was not the deceased in the name of the police officer to "be lent 1,500,000 won per card" by telephone from the deceased in the name of the police officer, and following the proposal, the Defendant sent the physical card connected to the bank account in his name to the deceased in the name of Kwikset Service (B), and notified the password of the above account.

Accordingly, the Defendant promised to pay 1.5 million won to the third party and lent the means of access to the third party's name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (the sequence 10 in list of evidence);

1. Application of Acts and subordinate statutes of 3 copies of public receipt, inquiry into customer personal information, inquiry into large-scale account situation, certificate of deposit transaction performance, and statement of account transaction;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the act of lending the means of access used in electronic financial transactions to receive the same consideration as the instant crime requires strict punishment as an act assisting another crime, such as singishing fraud, etc.

In fact, the Cze Card and the Defendant’s account linked to the Card lent by the Defendant was used for the crime of Bosing fraud.

In this case, the Defendant, in compliance with the direction of Bosingman, deposited in the bank account under the name of the Defendant in order to transfer 5 million won to another account under the name of the Defendant, and then withdrawn in cash or check. After doing so, the Defendant directly delivered only three million won among the members of Bosing Organization, and then delivered only three million won.