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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management thereof.

Nevertheless, the Defendant received text messages from his name-free persons to the effect that “to recruit short-term high-income information”, and contacted the name-free persons with the name-free persons, and agreed to lend 1,000,000 won per day of 1,00,000,000 won per 3 days on his own B Bank account (Account Number: C) and D Bank account (Account Number: E). On September 2, 2019, the Defendant sent two physical card connected to each of the above accounts at G (State) Mpopool located in Mapo-gu Seoul Metropolitan Government F, to the place designated by the name-free persons. On the same day, the Defendant notified the name-free persons of the password number of each of the above physical card using the Kakao Kao Ma.

As a result, the Defendant promised to receive a total of KRW 6,00,000 and lent the means of access to the name-in-fact party.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on investigation (Evidence records 81 pages);

1. Application of the Acts and subordinate statutes governing the account transaction statement in A bank name;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The following circumstances are comprehensively taken into account: (a) the fact that the means of access, which appears to be favorable to sentencing, appears to be recognized and against the crime; (b) the fact that the means of access was used to commit the crime; and (c) the amount to be received as the consideration of the lending, is a large amount of damage; and (d) the Defendant’s age, character and conduct, environment, motive and means of the crime; and (c) the circumstances after the crime, etc.,