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

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, on September 3, 2018, the Defendant, upon the solicitation of the Defendant to the effect that “When he/she lends a physical card to be used for tax reduction and exemption, he/she will offer KRW 600,000 per day in total, KRW 3 million per five days.” The Defendant promised to receive KRW 3 million on the condition that he/she lends the physical card, and notified the account number and password through B message, and lent the means of access by inserting the physical card connected to the account in the Defendant’s name of the Defendant’s bank (number: D) and informing the Defendant of the address of the said Defendant so that he/she can find the said physical card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written confirmation of the results of transfer, materials seized, details of conversation B, and application of Acts and subordinate statutes to the Acts and subordinate statutes;

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. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

There is no particular criminal offense against the defendant.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, circumstances after the crime, etc. shall be considered and the punishment as ordered.