A defendant shall be punished by imprisonment for a period of five 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 28, 2020, the Defendant received a proposal from a name-free person to the effect that “to send a physical card to substitute loans by creating the basis for withdrawal,” and consented thereto, and then sent a copy of the physical card connected to B Bank Account (C) in the name-free person under the name of the Defendant at a post office located in Daegu-gu, Daegu-gu, using the post office house line.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of transactions with the E Bank and conversation between the Kakao Stockholm;

1. Application of the photographic Acts and subordinate statutes by capturing letters and the details of smart banking 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] (Type 1] general crimes [special person] - mitigated elements of mitigation: In cases where there are particularly extenuating circumstances in the context of mitigation [the area of recommendation and the scope of recommended punishment], imprisonment for one month to six months [the general person], where there are no actual amount of profit or minor amount of profit (where there are grounds for suspension of execution] - Where there is no actual amount of profit or there is a reason for special consideration in the motive of crime: Where there is no amount of profit or minor amount of profit, social relation clear of social relation, where there is no amount of profit or the defendant is old.

3. Determination of sentence: A personal card which the defendant for one year of suspended sentence in five months receives a promise to borrow a loan and transfers it to a person in unsound name;