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.

Criminal facts

No person may transfer or acquire the means of access in using and managing the means of electronic financial transactions.

Nevertheless, the Defendant may lend KRW 5 million from a person who is not his name, and due to an illegal loan, it is impossible to make a representative account like B or C, so if you send a personal check, we will withdraw the principal and interest of the loan using the relevant physical card.

Around 13:00 on July 10, 2019, “A” received a proposal and accepted it, sent a physical card connected to the F (G) account in the name of the Defendant to Kwikseter’s name via Kwikseter’s service articles in Jongno-gu Seoul, Jongno-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning financial transactions in the person concerned, investigation reports, search, and replys;

1. Relevant Article and the choice of punishment for a crime: Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria [Determination of types] There is no type (general crime) (special offender] of crimes in violation of the Electronic Financial Transactions Act (the area of recommendation and the scope of recommendation), basic area of punishment, April to October of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months, one year of suspended sentence (unlimited circumstances) (the occurrence of damage caused by a means of access lent by a defendant for a crime of telephone financial fraud, three times the criminal records investigated by the defendant in the same kind of case, so there is no benefit of crime acquired by the defendant [holy circumstances], that there is no benefit of crime committed by the defendant, that the defendant divided his mistake and did not repeat again, and that there is no record of criminal punishment against the defendant;