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 person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 1, 2019, the Defendant received a proposal from a person without a name-based text message to the effect that “a person who is an employee of a liquor company and will lend a physical card to be used for the purpose of tax reduction and exemption, one million won per day,” and consented thereto. On or around the 18th day of the same month, the Defendant sent a physical card connected to the BB bank account (Account Number: C) in the name-based post office located in the Daegu Suwon-gu Seosan-dong.

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. Statement of D police statement;

1. A copy of the certificate of transactions;

1. Application of text messages to Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that the defendant has no record of criminal punishment for the same kind of crime, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship