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

No person shall borrow or lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration, or keep, deliver or distribute the means of access.

Nevertheless, on May 9, 2018, the Defendant, upon receiving the proposal that “on the face of one check, the Defendant would give three million won if he/she lends it.” On the same day, he/she lent the means of access used for financial transactions by putting the physical card in a stuff, which is linked to the account (Account Number:F) of the Defendant’s name, on the part of D, who was ordered by a person who was not in charge of his/her name, in front of the C sales outlet located in Daegu-gun, Daegu-gun, 12:00, and collected the physical card.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to D of the protocol of interrogation of police suspect;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, as the crime of this case, requires a strict punishment as an act to assist another crime, such as singing, etc., and the fact that the cream card and the account of the defendant connected thereto, in fact, appears to have been used for singing crimes, shall be considered as unfavorable to the defendant. The fact that the defendant recognized the facts of the crime and has been divided, and that there is no history of punishment for the same kind of crime, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.