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 lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, who misrepresented the borrower, received a proposal that “on the face of sending a physical card for repayment of the principal and interest of the loan,” and lent the means of access to the Kwikset Service Articles sent by the said borrower on July 17, 2019 to Kwikset Service Articles, which are linked to the Defendant’s bank account under the name of the Defendant (D), one physical card linked to the Defendant’s bank account in the name of the Defendant’s wife E (G), one physical card linked to the Defendant’s wife’s bank account (G).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on trading lists;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. The Defendant, who was sentenced to a suspended sentence of a fine due to the same crime, appears to have been punished for the same crime, and the means of access leased by the Defendant was used for the purpose of crime by a third party. However, the Defendant is recognizing and opposing the instant crime, and the Defendant is believed to have lent the means of access by reliance upon the fact that it is necessary from a person who misrepresented himself/herself for the purpose of withdrawing the repayment of the principal and interest on the loan, and that it appears to have lent the means of access to the money deposited in the account after lending.