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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on August 11, 2019, the Defendant: (a) listened to the statement that “the Defendant would grant a loan of KRW 20 million to 8% per annum; (b) if the Defendant sent a e-mail card due to low credit rating, he would make a deposit and make a loan by creating income evidence; and (c) around August 12, 2019, around 16:00 on August 12, 2019, issued one e-mail card, which is the means of access under the name of the Defendant, to the Kwikset service engineer in front of the Defendant’s residence.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Search and seizure warrant and reply;

1. Application of Acts and subordinate statutes on a petition;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] general crimes [Type 1] - Where there is a reason for special consideration in the commission of a crime or the motive for a crime (where a person complies with the request to provide for lending or employment, etc.), [the scope of the recommended area and the motive for a crime] mitigation area], the scope of imprisonment with labor for one month or six months [general person] - Where there is no actual amount of profit or minor amount of profit, there is no record of criminal punishment [where there is a reason for suspension of execution] - If there is a reason for special consideration in the motive for a crime, there is no record of criminal punishment - there is no actual amount of profit or minor amount of profit.