A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing the means of access, no one may promise, demand or receive any compensation and lend the means of access unless otherwise specifically provided for in other Acts.

Nevertheless, at around 16:00 on November 23, 2019, the Defendant received the proposal that “If he send a e-mail card, he will use it for the repayment of principal and interest, and will loan three million won.” In response, the Defendant sent the e-mail card connected to the account under the name of the Defendant to Kwikset Service Officer (National Bank C) and notified the password to Kwikset Service Officer of the password and the Kakao Stockholm.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; and six months to one year and six months;

3. Determination of sentence: Six months of imprisonment, two years of suspended sentence: The one-time criminal records of the same kind of fine; the act of lending the means of access to the means of access to the means of access is likely to undermine the security and reliability of electronic financial transactions and have a great social harm and injury; circumstances favorable to the Defendant’s actual use of the means of access to the singing; and the fact that the means of access leased by the Defendant is contradictory to the fact that the means of access is actually used for the singing crime; and that the Defendant has no criminal records above suspended sentence.