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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 1, 2020, the Defendant: (a) received text messages for a loan from a police officer, and called his name in secret; and (b) made a loan under the condition of KRW 20,000,000 and KRW 5.9% of the loan interest rate from a person in secret name who assumes the person in charge of lending B bank. In order to obtain a loan, the Defendant’s statement to the effect that he would make a loan after making a performance on the face of sending the physical card; and (c) around 23:30 of the same month, at around 17:30 of the same month, he issued one physical card connected to the Defendant’s name in front of the Seoul Guro-gu Seoul Metropolitan City C Apartment-dong, a residence of the Defendant, via Kwikset-dong news article, and notified the person in secret of the password of the above physical card to his name.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An inquiry about details of transactions, a written confirmation of details of transactions of entry and withdrawal, and a deposit transaction statement;

1. Application of the reply statutes to requests for financial transaction information;

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

1. The lending of the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act is highly likely to be used for other crimes, such as singing, Internet crimes, etc., and the physical card leased by the defendant was actually used for actual crimes: Provided, That the confession and reflect of the defendant, the fact that the defendant has no economic benefits from the defendant, other than the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.