A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 December 2018, 2018, the Defendant received a proposal to the effect that “If he/she lends a physical card that is a liquor company, he/she will pay 2.5% or 5% of the liquor price, and return it after using it for about one week.” At that time, he/she sent a physical card connected to the name in the name of the Defendant’s account (D) by using Kwikset in the name of the Defendant’s office located in Daegu Suwon-gu B.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of replies to requests for the provision of financial transaction information, such as E statements;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant provided a means of access with a promise to compensate for the crime, and the liability for the crime is not minor in terms of the fact that the means of access leased was used for fraud.

However, the defendant's recognition of the crime of this case and reflects the defendant's character and conduct, circumstances before and after the crime of this case, and criminal records, etc., shall be determined as ordered by taking into account the circumstances that form the sentencing conditions specified in the records of this case.