A defendant shall be punished by imprisonment with prison labor 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 30, 2018, the Defendant received a proposal that “If he lends 3 to 40,000,000 won per account, he would pay 1.2 million won per 1,200,000 won from a person who was not a policeman,” and around March 30, 2018, after using Kwikset’s service at the Defendant’s home located in Mineyang-si B, the Defendant sent one check card connected to the Defendant’s name bank account (D).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notice of suspension of payment;

1. Payment receipt;

1. Application of Acts and subordinate statutes of a detailed statement of deposits and transactions;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The sentencing reasons under the main sentence of Article 62(1) of the Criminal Act are as follows: (a) unfavorable circumstances, such as the fact that the means of access lent by the defendant was used for the crime of Bophishing fraud; (b) circumstances favorable to the defendant, such as the fact that the defendant was unable to obtain profit from the crime of this case; and (c) circumstances favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake; and (d) other conditions of sentencing