A defendant shall be punished by imprisonment for four 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

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, on July 2018, received a proposal from a person who was not the name, and accepted the proposal that “if the Defendant sent the check, he made the check as if he had income by repeating the check, and then returned the check.”

On July 30, 2018, the defendant sent, through Kwikset service, a residence of the defendant in Daegu-gu Dong-gu, a page 1st floor of D apartment, through Kwikset service, a page on which the password of each of the accounts in the name of the defendant E-bank account in the name of the defendant, G Bank account (H: Account Number): H.); I Bank account (Account Number: J.) and the password of each of the above accounts were stated.

Accordingly, the Defendant lent a means of access used in electronic financial transactions, knowing that it would be used for crimes such as fraud and violation of the Act on Real Name Financial Transactions

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. K’s petition;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant lent the means of access, and the liability for the offense is not somewhat weak, such as the leased means of access is used for fraud.

However, the circumstances constituting the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of committing the instant crime, and the circumstances after committing the instant crime, are all reflected in the recognition of all the instant crimes and the primary offender.