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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on May 30, 2019, the Defendant would lend KRW 20 million from a person who had misrepresented himself/herself as a lender on or around May 30, 201.

At around 14:00 on the same day, 'ckset Card' sent a physical card to pay interest, and around 14:00 on the same day, he sent it to Kwikset service article by sending one copy of the physical card connected to the C bank account (D) in the name of the defendant in front of Gangnam-gu.

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. E statements;

1. Certificates of transfer transactions;

1. Application of Acts and subordinate statutes on response to financial data;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of recommendations according to sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] general crimes [Special Convicts] mitigated elements: Where the risk of subsequent crimes is not realized due to voluntary suspension of transactions, actual reports, etc. (the scope of recommendations and recommendations] mitigated areas; imprisonment with labor for one month or six months;

2. Circumstances unfavorable to the determination of sentence: The instant crime is a crime detrimental to the security and trust of financial transactions.

In return for the Defendant to obtain a loan, the Defendant lent the check, and the above lending card was actually used for the fraud crime.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

It seems possible to recover damage because the defendant's voluntary report did not withdraw the source of damage.

A fine for any other type of crime shall be imposed only once.