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 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 June 12, 2018, the Defendant heard the phrase “the account needs to be kept for the purpose of tax reduction and exemption. If the account is lent, 2 million won shall be given for three days,” and on June 12, 2018, the Defendant sent the physical card connected to the D (E) account under the name of the Defendant to the person under the name of the Defendant and notified the password.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A detailed statement of remittance of damage funds;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to G dialogues);

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant lends the means of access with the Defendant’s promise. Such lending of the means of access may not only impair the security and reliability of electronic financial transactions, but also be abused for other crimes, such as singing, etc.

However, there are many kinds of circumstances, such as the defendant's age, character and conduct, economic condition, health condition, motive, means and consequence, etc., that the defendant recognized his mistake and reflects his depth, that the defendant is a primary offender who has no criminal punishment power, that the defendant seems to have no benefit from the crime of this case.