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

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 November 26, 2018, the Defendant received and consented to the proposal that “The account is leased to him. It is possible to pay KRW 3 million per unit, KRW 3 million, and KRW 9 million per unit.” At around 16:00 of the same day, the Defendant sent one physical card connected to the E bank account in the name of the Defendant to D located in Ansan-si, Andong-si, in accordance with the instructions of the above person who was not entitled to receive the name, and then sent the password of the said physical card to his name-holder through B message.

Accordingly, the Defendant loaned the means of access upon demanding compensation.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of transfer specifications, B dialogue details, and applicable Acts and subordinate statutes of search, seizure and verification warrant reply;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The transfer and lending of 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 other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

There is no particular criminal offense against the defendant.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, and the circumstances after the crime.