A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall borrow or lend any access medium in receiving, demanding or promising to receive any consideration in using or managing access medium used for electronic financial transactions.

Nevertheless, on June 7, 2018, the Defendant offered a proposal that he would pay KRW 200,000 per each account for the purpose of tax reduction by lending from a person who was in the name of the deceased on June 7, 2018, and then, around 13:00 on the same day, the Defendant occupied a copy of the physical card connected to the Defendant’s name bank account (Account Number: C) in the vicinity of the Defendant’s residence located in Daegu City/Sgu, Daegu City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. The application of Acts and subordinate statutes to the matters requested to provide financial transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Strict punishment is required in that the act of lending media access to the reasons for sentencing under Article 62(1) of the Criminal Act can be abused as means of other crimes, such as telephone finance fraud and tax evasion.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that there is no significant penalty history exceeding the same punishment and fine, etc. shall be considered in favor of the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.