A defendant shall be punished by imprisonment for four months.

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on November 3, 2017, the Defendant, through a mobile phone text message, received a proposal that “I are alcoholic beverage companies, and will borrow an account for tax reduction or exemption. I will pay KRW 800,000,000 on three days if I lend one account. I sent a e-mail card. I sent a e-mail card. I sent a e-mail card. I will send 80,000,000 won.” On November 4, 2017, I sent one e-mail card of the Defendant’s name bank account (E) from the e-mail’s business office located in Yongsan-si B.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (data reply to financial account information), investigation reports (the account of AD bank re-transfered with the amount of damage KRW 6 million), and investigation reports (A telephone communications);

1. The pertinent legal provision on criminal facts and the reason for sentencing of sentence under Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (in the case of this case, setting sentencing guidelines) are the Defendant’s lending of the means of access upon promising payment. Such lending of the means of access may not only impair the safety and reliability of electronic financial transactions, but also be abused for other crimes, such as “scaming,” and there is a need for strict punishment. In light of the fact that the Defendant had a history of being subject to two times criminal punishment due to a violation of the Electronic Financial Transactions Act, it is inevitable for the Defendant to severely punish the Defendant.

However, the sentencing conditions are equally taken into account, such as the fact that the defendant seems to have no profit from the crime of this case, and the punishment is determined as ordered.