A defendant shall be punished by imprisonment for six 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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On August 2018, the Defendant received a proposal from a deceased police officer who was named in his name, stating that he would lend KRW 3 million to a person who was named in his name, and issued Kwikset Card, which was linked to the D Bank (E) account in the name of the Defendant, to Kwikset service in the front of the Pkset City in Seosan City B.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A petition and a detailed statement of transfer;

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the lending of the means of electronic financial transactions with the reason for sentencing under the suspension of execution requires strict punishment for the crime of high risk of causing secondary damage by abusing the means of access, such as singishing crimes, etc. In fact, the means of access leased by the Defendant is used for the crime of fraud, the part of the money transferred by the victim to the Defendant to the Defendant’s account was used for the card payment, etc. In fact, it appears that the Defendant, even in 2017, notified the account number to another person and transferred the money deposited in the said account to another person’s account to assist the commission of fraud by remitting the money deposited in the said account to a third person’s account. However, the suspension of indictment was imposed on the Defendant: Provided, That there was no prior conviction exceeding the fine; the Defendant’s age, character and conduct, motive, environment, means and consequence of the crime; and the circumstances after the crime, etc., of this case and the sentencing