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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 2, 2018, the Defendant listened to the statement that “The Defendant would lend a e-mail card for a period of 600,000 won per day from the person who was not the deceased on his name.” On January 2, 2019, at the point located in Gyeonggi-si, the Defendant opened one e-mail card connected to the account (D) in the name of the Defendant in the name of the deceased on his/her own.

Accordingly, the defendant provided a means of access with the promise of compensation to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;