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 the 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, around June 11, 2019, the Defendant received a proposal from a person who has no personal injury to the Defendant’s residence in Guro-gu Seoul Metropolitan Government, to the effect that he/she would pay 70,000 won per day of sending a physical card from his/her personal injury, and accordingly, he/she shall deliver the physical card and one password connected to the Cbank (D) account in the name of the Defendant through Kwikset Service, and from June 11, 2019 to the above person who has no personal injury.

7. By February, 700 won per day, a total of KRW 1,540,00 per day was received in return.

Accordingly, the Defendant lent the means of access to electronic financial transactions while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (to attach details of account immediately after the E);

1. AC Bank's certificate of deposit transactions;

1. Application of the Acts and subordinate statutes on the screen of a criminal investigation report (Submission of the Allied Contents), the Kakao Stockholm dialogue screen;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: The defendant’s age, character and conduct, environment, etc. shall be determined in full view of all the conditions of sentencing as ordered.

In many cases, it is necessary to strictly punish the act of lending means of access as a means of other crimes such as scam, goods fraud, etc.

In fact, the means of access of the accused was used for the crime, and the accused was also to transfer money deposited into the account in the name of the accused to the account directed by the non-member of the name.

The Defendant, even though there was any circumstance to suspect that the Defendant’s act was illegal through referring to the tax evasion of those who have not received the name, and posting and writing related to the passbook, can easily punish money.