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 becomes final and conclusive.

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, around June 2019, the Defendant listened to the warning that, in front of C in Gyeonggi-si, the Defendant would need an account to be used for the purpose of paying liquor sales proceeds because of excessive levy of liquor taxes, and that, if he borrowed for 2 days of the e-mail card, he would pay 90,000 won per day from the e-mail account, and then delivered the e-mail card connected to the e-mail bank account (Account Number: D) in the name of the Defendant through Kwikset service.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on the certificate of transaction 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.

The crime of transferring, lending or delivering a means of access under the Electronic Financial Transactions Act may be a means to facilitate other crimes against many and unspecified persons, such as scam, and thus, it is not good to form a crime. In fact, fraud was committed through the account provided as the instant crime.

- The Defendant sent the physical card to the party in whose name it was named at the Suwon District Prosecutors' Office.