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 the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

The Defendant received text messages stating that “the Defendant would pay 1.8 million won if he/she lends a physical card for one month,” from his/her name defector, and around September 11, 2018, at the C business office located in Geumcheon-gu Seoul Metropolitan Government, he/she issued a physical card connected to the D Bank Account (Account Number: E) under the name of the Defendant and sent the password to the above person.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The document of F;

1. Application of the Acts and subordinate statutes on the generalization of Grans, and the new data of D Banks;

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 reason for sentencing under Article 62-2 of the Probation Criminal Act is that the act of transferring the means of access, which facilitates tax evasion, singishing fraud, etc., is serious, and the means of access in the name of the accused was actually used for fraud, and there is room to deem that strict punishment is necessary.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is recognized and is against the defendant; the defendant has no record of being punished for the same kind of crime; the motive and background of the crime in this case; circumstances after the crime was committed; the age, character and conduct of the defendant; and other various sentencing conditions in the process of the trial in this case.