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 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, around January 8, 2020, the Defendant listened to the statement that “a loan can be made to KRW 20 million with interest of 9% if sending bank accounts, physical card, and passwords,” from a person under whose name the Defendant misrepresented B C agency, and on the same day, at a post office located in Daegu-gun Slack-ro 130-ro 7, Daegu-si Slick-gu, Seoul-ro, the Defendant issued a physical card connected to the D (E) account under the name of the Defendant and notified the password of the above account by text message.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the specifications of transferring damaged money, financial transaction information, and text messages;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, means and result, etc., are shown in the confession of the crime of this case and the mistake is divided, there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine.