A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 6, 2019, the Defendant received text messages to the effect that “The head of the Tong needs to pay KRW 800,000 per day on the face of lending the head of the Tong to reduce alcoholic beverages tax only for three days,” from a person who assumes a false name for B Company C’s agent, and the Defendant contacted the head of the Tong and received KRW 798,000 as the agricultural bank account in the name of the Defendant’s name by visiting the head of the Tong in the Seogu-gu, Daegu-gu, by visiting the head of the Tong’s personal compromise account (F).

Accordingly, the Defendant lent the means of access in return for compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of two copies to investigation reports (Attachment to the details of account transactions) and account transactions;

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. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance, such as the fact that the instant crime may be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; the fact that the leased card, etc. was used for the instant crime: The Defendant led to the instant crime; the entire amount of damage was refunded to the victim; the Defendant did not have any record of being punished for the instant crime; the Defendant did not have any record of being punished for the instant crime or of being fined exceeding the amount of fine; and other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background, means and consequence of the instant crime; and the circumstances after the instant crime, etc., are all the conditions for sentencing as indicated in the pleadings of the instant case.