A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with any receipt, request or promise of compensation.

Nevertheless, on January 3, 2019, the Defendant sent B message related to the loan to the nameless party, and agreed to “to use and return the head of the Tong’s photograph and the OTP device.” On January 3, 2019, the Defendant heard that “to use and return the passbook’s photograph.”

At around 12:40 on January 8, 2019, the Defendant: (a) inserted an OTP device connected to the Defendant’s name bank account (C) in an envelope at Tae-si bus terminal in Tae-si, Taewon-si, Seowon-si; and (b) issued it to the party under whose name the name was not paid; and (c) on January 9, 2019, through B, notified the party under whose name the photograph and password of the passbook of the said new bank account was given to the party under whose name the name was not paid.

Accordingly, the Defendant promised to receive a loan as an intangible expected profit and lent the means of access to the contract.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. immediately applying the results of transfer management, customer information files, details of entry and withdrawal transactions, data on loan counseling, details of benefits, certificates of employment, and provisions of statutes on dialogues;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one month to three years;

2. Scope of recommendations: Non-application of the sentencing criteria because the case is prosecuted before July 1, 2019.

3. Pronouncement decision-making Defendant lent an OTP device connected to one’s own bank account to a person whose name is unknown.

This is not only likely to disturb the financial order, but also the account.