A defendant shall be punished by imprisonment for six 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

On October 22, 2019, the Defendant listened to the statement that “on the face of sending a loan and a physical card so that it can be repaid, the Defendant would give a loan,” and sent the physical card connected to the B Bank Account under the name of the Defendant to the designated address on the 23th day of the same month.

As a result, the Defendant promised the means of access in return for the intangible expected interest of future loans, and lent the means of access to his name in return for it.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Investigation report (verification of the same type of power), investigation report (verification of the fact that a suspect is suspected of committing fraud);

1. Application of the Acts and subordinate statutes to Kakakao text messages, such as a transfer statement, the Defendant’s bank account transaction details;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion of counsel under Article 62-2 of the Probation Criminal Act

1. The gist of the assertion is that the Defendant, who agreed to obtain a loan from a person who was unaware of his name, lent a e-mail card that will connect the principal and interest to the account to which the principal and interest should be deposited in order to pay the principal and interest, and thus, does not have promised as

2. Determination

A. In promising to obtain an opportunity to obtain a loan, temporary lending of the means of access to allow another person to use the means of access without managing and supervising the user of the means of access, and obtaining an opportunity to obtain a loan even in circumstances where it is difficult to obtain the loan in a normal manner is the lending of the means of access.