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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 16, 2019, the Defendant: (a) heard the phrase, “Around December 16, 2019, the Defendant may lend a loan of KRW 10 million at the annual interest rate of 16% to B; (b) the Defendant may check whether a direct transaction was restricted by sending the physical card, and may grant a loan after establishing a computerized registration and automatic transfer; and (c) around December 17, 2019, at around 17:50, a physical card connected to the Defendant’s name bank account (E) in front of the Daegu-gu Seoul metropolitan Building Management Office, Daegu, issued one copy of the physical card connected to the Defendant’s name account (E) via Kwikset service articles, and sent the password of the said account to Kakao Stockholm message.

As a result, the Defendant promised to receive future loans in return for the intangible expectation interest, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F’s written statement to visual banking devices, a detailed statement of the transfer of damaged funds, extraction data of Kakakao Stockholm conversation, and written closure data;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the Defendant lent was actually used for the crime of fraud, etc. is disadvantageous.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant led to the instant crime; (b) the amount of damage was recovered to the defrauded; (c) the Defendant had no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime; and (c) the overall sentencing conditions specified in the arguments after the crime,