A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on May 2018, the Defendant received a communication from a person in the name of the deceased in the middle of the police officer to the effect that “(State) B’s business support team will offer KRW 3 million per one account if he/she lends his/her account to save taxes,” and accepted such communication. On May 23, 2018, the Defendant sent one check card connected to the Defendant’s new cooperation account (Account Number: E) around 21:00 on May 23, 2018 to a person in the name of the deceased in the middle of the police officer and sent the password to Kwikset through Kwikset Service.

As a result, the Defendant promised to pay for, lent one check card and a password, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Data replies to financial institutions;

1. Application of text-based statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)