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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around May 15, 2019, the Defendant received a proposal from the head office of the branch office located in the territory of Kimhae-si, Kim Jong-si, to the effect that “If he/she lends a physical card and informs him/her of its password, he/she would use it to inquire about the credit rating, and then would allow him/her to borrow it.” On the part of the Defendant, the Defendant issued a physical card to the name-dissured person by using a one copy, which is a means of access connected to the National Bank Account (Account Number: B).

Accordingly, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning details of transactions 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment by law] : one month or three years [the decision of a sentence by law] - the Electronic Financial Transactions Act - the first type (general crime ] - the element of mitigation : simple participation [the general person] - where there is no actual amount of profit or minor amount of profit - the amount of profit is reduced [the scope of recommendation] - the amount of reduced punishment - one month or six months from the imprisonment / there is no positive reason : simple participation, there is no power of the same kind of crime - If there is no actual amount of profit or minor amount of profit - there is no positive reason for general participation - If there is no actual amount of profit : Social relation clear, serious reflect [the decision of a sentence] 4 months from the suspension of execution. The act of lending means of access is all kinds of crimes, such as tax evasion, Internet gambling, and singing.