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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around April 10, 2019, the Defendant listened to the phrase “B” from a person who misrepresented himself/herself as “B,” the Defendant sent a physical card to enable him/her to pay interest. On the same day, the Defendant sent one physical card, a means of access in the name of C bank account (E), the husband of the Defendant, through Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions and investigation report (the result of execution of a warrant for financial account seizure and search);

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 reason for sentencing under Article 62(1) of the Criminal Act is not only impeding the stability of electronic financial transactions and the trust thereof, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the relevant social harm. In fact, the fact that the means of access leased by the Defendant was used for Bosing crimes is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and made a mistake against the defendant, that the defendant is the first offender who has no criminal records, and the fact that the defendant is currently being administered with the A upper ray and seems to have been prevented from committing the crime of this case in order to obtain a loan in an economically difficult situation, are shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.