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 May 1, 2019, the Defendant received a proposal to the effect that he would pay 90,000 won per day if he/she lends the e-mail card for the purpose of saving liquor company's tax purposes. On the same day, at around 14:00 of the same day, he/she issued a letter of e-mail card connected to the bank account in the name of the Defendant at the Dongjak-gu Seoul Metropolitan Government building B through Kwikset Service Articles.

As a result, the Defendant promised to receive compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Application of the written confirmation of transfer transaction, the public receipt, the investigation report (the result of execution of a warrant of seizure, search and inspection) - new data, and the mobile phone photographic statutes

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, as well as the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: It is necessary to strictly punish the act of lending means of access as a means of other crimes, such as gambling, hosting, etc.