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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around December 4, 2018, the Defendant received a proposal from a person who has no personal name to the effect that he/she would lend his/her physical card to a liquor company, and accordingly, sent one physical card connected to the account in the name of the Defendant to the account in the name of the Defendant (D) in front of the Defendant’s house located in the Gyeongsan-si B around 15:00 on the same day.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes on deposit certificates;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Offenses against which the sentencing criteria are not set;

2. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime

The means of access provided by the Defendant was actually used in the crime, causing damage.

The favorable circumstances: The defendant led to confession and reflect on the crime.

There is no criminal record exceeding the same kind of power or fine.