A defendant shall be punished by imprisonment with prison labor 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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around February 18, 2019, the Defendant: (a) received a proposal from an unqualified person who assumes the name-based employee of a lending company B, that “B is a lending company; (b) it is possible to lend KRW 10,000,000,000; (c) for lending, he/she transferred the check card to verify whether it is well-known and deposited and withdrawn; and (d) on February 13:00, 2019, the Defendant sent the above name-based card to the Kwikset-si D’s account in the name of the Defendant through Kwikset-dong, where he/she was sent the above name-based employee from the Kwikset-si’s account in the name of the Defendant (number (F) via Kwikset-si’s service article (number (F).

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to warrant of search, seizure and verification;

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. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no benefit from the crime of this case, and the defendant does not have the same criminal record.