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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on September 2018, the Defendant received a proposal from a person who was unaware of his name that “it is necessary to operate a liquor company, and the head of a passbook is required to pay KRW 30-500,000 per one, if the head of a passbook is lent,” and around that time, the Defendant issued Kwikset service articles with B bank account (C) in the name of the Defendant and sent it to the above person who was unaware of name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of data submitted to victims- a detailed statement of transactions and the statutes governing response data by financial institutions;

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 suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is to be determined as ordered by taking into account the following circumstances: (a) the circumstances leading to the Defendant to the commission of the crime; (b) the circumstances before and after the commission of the crime; and (c) the age, character and conduct, environment and criminal records of the Defendant; and (d) the conditions for the sentencing as

D. Unfavorable circumstances: The act of lending means of access needs to be strictly punished because it is often used as a means of other crimes, such as gambling and hosting, and the actual circumstances that the means of access leased by the defendant is used for the crime of Bosing: The defendant recognizes the crime and reflects it; the defendant seems to have no profit actually acquired due to the crime of this case; and there is no same criminal history.