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 became final and conclusive.

Punishment of the crime

No person shall transfer or acquire a means of access.

Nevertheless, around November 9, 2018, the Defendant received a proposal from a person without a name, stating that “to grant a loan upon sending a physical card.” On the 14th day of the same month, around November, 11:00, the Defendant sent a copy of the physical card linked to the Agricultural Cooperative (D) account in the name of the Defendant on the front day of the convenience store located in Michuhol-gu Incheon, Michuhol-gu, Incheon.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. In light of the fact that the crime of lending the means of access under Article 62(1) of the Act on the Suspension of Execution is not only detrimental to the security and reliability of electronic financial transactions, but also is also a means that facilitates other crimes, the case is not easy. In light of the fact that the Defendant had the power to commit fraud in relation to the withdrawal of the money deposited in his bank account and to the fact that he was subject to the disposition that he was not suspected of committing fraud, the Defendant would have been well aware of the structure, risk, etc. of the singishing crime, there is a need to punish the Defendant.

However, the defendant's confession and mistake are divided, and the defendant reported the loss of the physical card to the agricultural bank account of this case and prevented further damage, and the defendant has been punished as ordered by taking into account the following factors: the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, including the circumstances after the crime, etc.