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

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On August 30, 2019, the Defendant: (a) received a proposal from a nameless person on August 30, 2019 to the effect that “I will invite people to a foreign casino company for money exchange affairs; (b) 1% of the amount deposited in the account that needs to be used on gambling sites should be lent to others; (c) the Defendant used the check card as allowances.”

At around 15:00 on September 3, 2019, the Defendant, at the top of a branch office of an enterprise bank located in the Jung-gu Seoul Metropolitan Government, sent a copy of the physical card connected to the corporate bank account (C) to the person who was unaware of the name, “B agency,” and notified the person who was unaware of the name.

Accordingly, the Defendant loaned the means of access by demanding or promising the above compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on bank transactions, such as customer basic information inquiry, details of transactions by account, and bank transaction statement;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the criminal defendant is committed and there is no same criminal history);