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

Punishment of the crime

On May 18, 2018, the Defendant sentenced the Suwon District Court to four months of imprisonment for fraud aiding and abetting, and completed the execution of the sentence in a female prison on September 16, 2018.

In using and managing the means of access, no one shall knowingly lend the means of access to be used for a crime.

Nevertheless, the Defendant proposed to offer a loan when sending a physical card from a person who misrepresented the lending company (one name “B”), but the above person in unsound name thought that he/she was committing the crime of Bophishing using the account in the name of the Defendant and the physical card, and the Defendant was also aware of this.

On April 8, 2020, the Defendant, at the direction of the above-mentioned person, sealed a physical card connected to the Nonghyup Bank (C) account under the name of the Defendant and then delivered the card to the above-mentioned person via a house.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Details of the Defendant’s legal statement transfer transactions and dialogue between the Defendant and Kakao;

1. A written petition;

1. Previous convictions: Criminal records, suspects A previous convictions and other Acts and subordinate statutes applicable to written judgments;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] [Article 2] Offenses against the Electronic Financial Transactions Act; the crime for the purpose of business, organizational, and use of crime [Special Punishments]; where the risk of subsequent crimes is not realized due to simple participation, voluntary suspension of transactions, actual reporting of loss, etc.: the area of mitigation of punishment for identical repeated crimes [the area of recommendation and the scope of recommendation]; imprisonment for one month to eight months;

3. Determination of sentence: The defendant in August of imprisonment recognized and reflected his mistake, and this case.