A defendant shall be punished by imprisonment for six months.

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around October 4, 2018, the Defendant received a proposal that "on the basis of a total number to operate a private sports earth site, the Defendant will pay KRW 2,00,000,000 per week. To do so, he/she must register the personal card in the name of the party. When sending the card and password, he/she will use and return it only a day if sending it." On the same day, the Defendant sent the personal card to the person under the name of the Defendant, who was connected to the bank account (Account Number: C) in the name of the Defendant prior to the withdrawal of the red belt area No. 2 in Mapo-gu, Mapo-gu, Seoul.

Accordingly, the Defendant lent the means of access knowing that they will be used for crimes such as the operation of the Internet gambling site.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Details of transfer;

1. Results of customer information surveys and transactions of entry and departure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Criminal-Physical Card transferee dialogue content) and other related Acts and subordinate statutes;

1. The Defendant’s reason for sentencing sentence of imprisonment with labor under Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act regarding criminal facts is as follows: (a) each fraud that took part in the relevant criminal act of Bosing and transferred the means of access to the said criminal act; and (b) the crime of violation of the Electronic Financial Transactions Act committed on April 17, 2018, which was sentenced to a suspended sentence of five years at a general military court headquarters of operations on April 25, 2018; (c) although the said judgment became final and conclusive on April 25, 2018, even during the current suspended sentence period, the said crime is grave by lending one’s means of access while being aware that the means of access leased by the Defendant were used for Bosing and committing fraud.