A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

On May 12, 2019, the Defendant received text messages from a person who assumes a false name as the team leader B, and received a proposal that “When sending a physical card, the Defendant would perform the lending by setting up transaction performance and enhancing credit, and return the card to his address using his/her home as the work is completed.”

In order to obtain loans from the Defendant in the past in 2016 to 2017, the Defendant was aware of the fact that the account was opened to the police on the wind used for the Bophishing crime three times or more, and that the account was investigated by the Defendant. Accordingly, the Defendant was able to use the account number or physical card in the crime of Bophishing, etc. in response to the proposal that he would allow loans from the above method to be taken over without permission to the bearer of the name.

Nevertheless, the Defendant, after accepting the proposal of the above under-mentioned person, notified the above-mentioned person of the account number and password of the new bank account (C) in the name of the Defendant, using D, and then sent a letter of the check to the above-mentioned person via a taxi engineer who sent the above-mentioned person a letter of the check card connected to the above account in front of the “F” restaurant operated by the Defendant in Gangwon-si, Gangwon-do, 17:00 on the same day.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to details of transactions, D and text messages, and investigation reports (verification of suspect's identical records);

1. Criminal facts;