A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"The defendant of "2019 Highest 976" is a liquor company, and if he/she lends his/her physical card for three days due to tax issues, he/she will be paid two million won.

“In receipt of the proposal, the Defendant sent a physical card (Account Number: C) and a password connected to the credit account under the name of the Defendant, to the above person in default of his/her name on a monthly basis. Accordingly, the Defendant promised to lend the means of access in return for compensation. On April 18, 2019, the Defendant, around 10:00, sent a physical card “to pay the principal and interest” from the person in default of his/her name on the front side of the Seo-gu in Daegu-gu, Daegu-gu.

"In receipt of the proposal, I sent a physical card connected to the National Bank Account (Account Number: E) in the name of the defendant to the person in distress through Kwikset Service.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

"2019 Highest 976"

1. Defendant's legal statement;

1. The police statement concerning F;

1. A specification of transactions "2019 Highest 1847";

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Data on warrant of search, seizure and verification;

1. In an investigation report (H dialogue) [Attachment] case, the Defendant asserts that he/she did not have any fact or lend his/her physical card for the purpose of lending. “Lending of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to lending the means of access to a third party temporarily by requesting or promising the third party to receive, demand or promise the payment, and allowing the third party to use the means of access without managing and supervising the means of access, and “price” refers to economic benefits that correspond to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). The evidence duly adopted and examined by this court reveals the following.