A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

No one shall, in using and managing the means of electronic financial transactions, borrow or lend a means of access with the knowledge that such means are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

On December 21, 2016, the Defendant was aware that, in the case of transfer or lease of the means of access, the means of access would be used for crimes such as scam, etc., due to the fact that the Defendant transferred the means of access, such as physical cards, by Busan District Prosecutors' Office, for the purpose of lending, was subject to suspension

Nevertheless, around April 2018, the Defendant received a proposal from a person who is not entitled to the name, that “C” located in Suwon-si, Suwon-si, may make a loan by means of making the transaction performance using the pertinent card if he/she lends the card. The card will only make the details and return them again.” In response to the fact that the account leased by the Defendant was used in the crime of Bosing, etc., he/she, even though he/she was aware that the account being lent was used in the crime of Bosping, etc., he/she sent one check card connected to Kwikset-si, through Kwikset Service Articles, and provided the password to the person who is not entitled to the name.

As a result, the Defendant knowingly lent the means of access to a crime such as scam, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A G statement and a written petition;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access leased by the accused for the crime of Bosing is disadvantageous to the accused.

Although the Defendant lent the means of access for loans, the Defendant is subject to suspension of indictment for the same kind of crime.