A defendant shall be punished by imprisonment for four months.

except that 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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation.

At around 13:00 on October 30, 2018, the Defendant received a proposal from a nameless person (one named “B”) in order to obtain a loan, and consented to the proposal that “if he/she intends to obtain a loan, he/she packages a down-to-door card to a door-to-door dispatch, and then sent it to a door-to-door dispatch,” and then sent one check card linked to the Defendant’s name bank account (D) at the examination office located in Seo-gu Incheon, Seo-gu, Incheon, to the nameless person, and notified the password by telephone.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Evidential data (written confirmation of the result of electronic financial transfer);

1. Investigation reports (verification of suspect A's same kind of electronic financial transactions), decisions not to prosecute, and application of Acts and subordinate statutes;

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 act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious, and the Defendant committed the instant crime even though the Defendant was investigated to transfer the means of access, etc., which is disadvantageous to the Defendant.

However, the defendant reflects the mistake, the motive and background of the crime in this case, the amount of relevant damage, the number of the means of access transferred, the circumstances after the crime, the age, character and conduct of the defendant.