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 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, around 13:00 on October 24, 2018, the Defendant issued a proposal to “C” restaurant located in Gwangju Northern-gu, Gwangju, stating that “If the Defendant lends an account due to tax issues of alcoholic beverage companies, he will use it for this frame and make it a total of KRW 42 million.” In response, Kwikset Service issued three physical cards connected to the post office account (D), E (F) and G (H) under the name of the Defendant, and issued four copies of the physical cards connected to the post office account (D), E (F) and the post office account (D) by the same method as on October 25, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to N orO;

1. A detailed statement of money transaction, and a public receipt;

1. Application of statutes, such as detailed statement and inquiry of financial transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

1. Social service order under Article 62-2 of the Criminal Act;