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

On June 4, 2019, the Defendant received a proposal from an employee of telephone financial fraud assistance in the name of the Defendant to provide loans to up to 25 million won as interest of 1.3 million won per month, if he/she sends his/her bank account and physical card, and consented to the proposal, and on June 4, 2019, around 15:00, at the vicinity of the Defendant’s residence located in the window B of Changwon-si, the Defendant sent two physical card linked to the account (D) and the E bank account (F) to the place designated by the telephone financial fraud organization, and sent the password of each of the above physical card to Kakao Stockholm through Kwikset.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of account transfer and replies to financial institutions;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant legal provisions regarding criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the option of punishment [to lend a means of access” refers to the act of lending a means of access so that any other person may temporarily use the means of access without managing or supervising the user of the means of access while demanding or promising to receive compensation (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017). The lending of a physical card, which is the means of access, to enable a person who misrepresents E bank employees, to conduct electronic financial transactions using the physical card without managing or supervising the accused, constitutes “loan” of the means of access.

In addition, even though the Defendant knew that it was difficult to obtain a normal loan from the E bank, he was aware that he had misrepresented the E bank’s staff to receive a low-interest loan from the second financial right and lent the e-mail card for his own interest, and this is the price for the means of access.