A defendant shall be punished by imprisonment with prison labor for four 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

Except as otherwise expressly provided for in any other Act, no means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be allowed to borrow or lend a means of access, or to keep, deliver or distribute a means of access by requesting or promising to receive any consideration.

On June 21, 2018, the Defendant primarily produced and distributed building materials, such as stone plates, on June 21, 2018. The Defendant: (a) was engaged in the solicitation of personal accounts for the purpose of tax reduction and exemption; (b) was able to use the personal account for up to 3 days to 5 days; (c) was sent from 2.4 million to 3.5 million won on the day after confirming whether the account was normal; and (d) decided to lend the personal card under the name of the Defendant on June 22, 2018, and then lent the means of access to the Defendant’s name by sending one physical card connected to the account under the name of the Defendant E Bank (F) to 17:30 on June 22, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of G;

1. Application of the Acts and subordinate statutes to receipts, entry and departure transactions, and H dialogue outputs;

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. In full view of all the circumstances indicated in the records and arguments of this case, including the following: (a) the criminal records of which indictment has been suspended for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the means of access leased by the Defendant was actually used for the scaming crime; (c) the amount of KRW 6 million has been deposited in the Defendant’s bank account; (d) the Defendant is led to confession and reflect; and (e) other circumstances indicated in the records and arguments of this case, such as the Defendant’s character and conduct