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, on January 21, 2019, the Defendant heard the phrase “a credit may be made after making a credit inquiry. When a loan is made, a check card shall be sent for the principal and interest payment.” On January 22, 2019, the Defendant issued a copy of the check card connected to the Bbank account in the name of the Defendant by using the registration of the post office located in Seongbuk-gu Seoul Metropolitan Government in Seongbuk-gu (Account Number: C) around January 22, 2019.

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. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of written confirmations of the results of electronic financial transfer and replys to details of financial transactions;

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 act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.

However, the sentencing conditions shown in the trial, such as the defendant is against himself, the primary offender, the motive and background of the crime in this case, the number of transferred means of access, the amount of relevant damage, the circumstances after the crime, the age of the defendant, character, conduct, family relationship, and economic circumstances, shall be determined by taking into account the following factors.