A defendant shall be punished by imprisonment for not less than three 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 person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on January 22, 2015, the Defendant lent the check card connected to the Defendant’s mobile phone text message to an account that is not used from his/her name-free person for one month, with the intention to offer KRW 3 million as a consideration. On January 24, 2015, the Defendant lent the means of access by delivering one copy of the check card linked to the Defendant’s name-free person’s community credit cooperative account (C) in front of his/her member B in Ansan-si, Ansan-si, and promising for consideration through Kwikkset’s service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E’s written petition;

1. Application of Acts and subordinate statutes on financial transactions;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act is another crime, which serves as a means of crime, such as scam, etc., and where the Defendant promises to receive the price of KRW 3 million in one month and lends the check card in the name of the Defendant, which is not good in the nature of the crime, and where the account in the name of the Defendant leased was used for scam, etc. and actually suffered damage to another person, the Defendant’s liability cannot be deemed to be negligible.

However, the defendant's age, environment, and circumstances favorable to the defendant, such as the fact that the defendant was aware of and against his criminal conduct, that the defendant's account was used for scam when lending the cam card, and that there was no record of punishment for the same crime before the crime of this case, etc.