A defendant shall be punished by imprisonment for not less than eight 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

1. Except as otherwise provided for in any other Act, no person who has violated the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, requesting or promising to receive, request or promise any compensation;

Nevertheless, the Defendant received a proposal from a name-free person to the effect that “on the face of sending a physical card,” and accepted it, and then sent one physical card connected to the bank account (C) in the name of the Defendant before Michuhol-gu Incheon, Michuhol-gu, Incheon, on October 2, 2019, to the name-free person through Kwikset Service.

As a result, the Defendant promised to lend the means of access in return for intangible consideration, which is expected profit to receive future loans.

2. On July 11, 2019, the Defendant was investigated on the charge of fraudulent aiding and abetting the Defendant’s account number at the Gangnam-gu Police Station on the charge of aiding and abetting the Defendant’s name and making it easier for the Defendant to commit a crime of false accusation.

On September 2019, the Defendant, like the statement in Paragraph 1, proposed to the effect that “the Defendant would borrow a loan if sending the cream card,” but accepted the proposal of a person who was unaware of the name, knowing that the cream card would be used for the crime of scaming fraud, because the Defendant had been investigated by an investigation agency due to the suspicion of fraud in the same veterinary act.

On October 4, 2019, the name-in-factist deceivingd the victim D (years 53) to the effect that “a part of the existing loans shall be repaid at low interest rate,” and such deception was granted KRW 5,500,000 as the name of the loan repayment in the bank account in the name of the defendant around 16:46 of the same day from the victim.

The Defendant, as above, assisted the victim to commit the crime of the singinging fraud.