A defendant shall be punished by imprisonment for six months.

Punishment of the crime

No person shall borrow or lend a means of access used in electronic financial transactions in demanding or promising the payment thereof, or keep, deliver or distribute a means of access.

Nevertheless, on August 2018, the Defendant accepted the proposal that “If he/she lends the e-mail card in the name of the Defendant, he/she will open a Maspbook with the limit of KRW 7-12% to KRW 30 million in return for the lending of the e-mail card in the name of the Defendant,” and then, around August 21, 2018, the Defendant sent one e-mail card connected to the Defendant’s name bank C account in the Daegu-gu B market, Daegu-gu, Daegu-gu, and then delivered the above e-mail card to the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on internal investigation (attaching a seizure, search, inspection warrant, reply, or new data);

1. Mobile phone photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification that the report is in force on the same criminal punishment and suspended execution of a suspect);

1. Taking into account the relevant statutory provisions regarding criminal facts and the fact that there are a large number of criminal records against the defendant for sentencing (elective choice of imprisonment) under Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, in particular, on June 22, 2018, who was sentenced to one year of suspended sentence for a violation of the Electronic Financial Transactions Act on April 2, 2018 and for whom the judgment became final and conclusive on June 30, 2018, the crime of this case was committed again during the suspended sentence period, and the fact that the means of electronic financial transactions leased by the defendant was used for the act of fraud, taking into account the fact that the defendant led to the confession of the crime, and that the amount of the leased liquid card is favorable to one another, the sentence identical to the order of the defendant shall be imposed.