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

No person may lend a means of access, promising any compensation.

Nevertheless, around November 6, 2019, the Defendant accepted a proposal from a name-free person who misrepresented the borrower’s employee to “to lend a e-mail card as he/she is in need of a e-mail card to repay interest and principal on the loaned amount,” and issued the means of access to electronic financial transactions, such as e-mail card, which is linked to the Defendant’s SCB bank account in front of the Daegu-gu B building, on November 17, 2019, by using Kwikset service.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on the certificate of transaction transfer;

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

1. Article 40 of the Criminal Act does not apply to the applicable provisions of the commercial concurrent indictment. However, this case was prosecuted by the Defendant’s lending of several means of access, and the addition does not substantially disadvantage the Defendant’s exercise of his/her right of defense, thereby adding it ex officio.

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

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 sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive for crimes (the scope of recommendations and recommendations], the area of mitigation of punishment, and one to six months of imprisonment;

2. The circumstances under which the sentence is rendered and the age, occupation, character and conduct, environment, motive, means and consequence of the commission of the offence.