A defendant shall be punished by imprisonment for not more than ten 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on February 18, 2020, the Defendant accepted the proposal that “A personal account needs to be paid KRW 1 million if the bank account is lent for three days.” On February 18, 2020, the Defendant sent one physical card connected to the national bank account under the name of the Defendant to the non-resident of the name, using her house from Daegu Northern-gu, Daegu Northern-gu, to the national bank account under the name of the Defendant (C) around 21st of the same month.

As a result, the defendant promised to receive compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as remittance confirmation, details of transactions, requests for financial transaction information, and details of transactions;

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.

In fact, the means of access that the defendant lent was used for the fraud crime.