A defendant shall be punished by imprisonment for not less than two 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 the means of access to electronic financial transactions, no one shall 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, unless otherwise provided for in any other Act.

Nevertheless, on September 2018, the Defendant received a proposal to the effect that “The Defendant would pay KRW 4 million per share per share to the account to be used as the passbook in order to bring taxes into the account, which is alcoholic beverage company,” from a person who assumes a false name in the name of the KOB’s representative in the early 2018.”

On September 2, 2018, the Defendant: (a) had been aware of, or was aware of, the fact that lending a physical card would be used for committing a crime, such as tax evasion, telephone financial fraud, etc.; (b) in response to such doubt, around September 12, 2018, the Defendant issued a copy of the physical card connected to the F Bank Account (G) account in the name of the Defendant in the vicinity of the Defendant’s domicile in Gyeyang-gu Incheon Gyeyang-gu, Incheon, through Kwikset Service Articles and notified the password.

Accordingly, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions while knowing that they will be used for crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes concerning details of transactions;

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

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 (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. Determination of sentence: The act of transferring or lending the means of electronic financial transactions to any third person for two months in imprisonment or one year in a suspended sentence shall be used for fraud crimes, such as hosting, licensing, etc.