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

No person shall lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution, while receiving, demanding or promising any consideration therefor.

Nevertheless, around April 20, 2018, the Defendant was urged through a mobile phone to “to get a loan of KRW 10 million at a low interest rate by sending a physical card and raising the credit rating if he/she is informed of the password, by raising the transaction performance,” and was willing to lend the physical card connected to the account under the name of the Defendant.

On April 24, 2018, the Defendant sent a physical card connected to the B account in the name of the Defendant at the 279 Daegu-ri 3-dong post office, Daegu-gu, Daegu-gu, 279, via a home-based phone, and notified the Defendant of the password of the said physical card by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage;

1. Application of statutes on financial transaction information;

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

1. As such, the act of lending the means of access, etc. for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, it shall be strictly punished, taking into account all the circumstances, including the following: (a) the account of this case was actually used for other crimes; and (b) the Defendant’s act of not re-offending while recognizing and opposing his/her mistake; (c) details of the crime; (d) criminal records; (d) the prosecution’s imprisonment (six months).