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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend a means of access by receiving, demanding or promising to receive any consideration, demanding or promising to use the head of a means of access which is used to make a transaction request or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around January 22, 2019, the Defendant: (a) received a proposal from a person who had misrepresented the staff of a liquor company, that “I will use only 20,000 won for the lending of physical card; (b) 600,000 won per day from the user fee; (c) notified the DNA bank account number (E) and password in the name of the Defendant; and (d) put the physical card connected to the said account in a stuff with the instructions of a person who was not killed, and sent it to “FG G of the business office of the Gyeonggi-gu.”

Accordingly, the Defendant promised to receive and lent the account number, password, and physical card, which are means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of the provisions of Acts and subordinate statutes on the transfer certificate of KRW 3 million for damage, and the response data of 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 act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and other defendants.