A defendant shall be punished by imprisonment with prison labor 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 28, 2019, the Defendant received a proposal from a person without his name, stating that he would make loans if he sent a physical card to repay the principal and interest of loans, and consented thereto. At that time, the Defendant’s home located in Daegu Dong-gu Dong-gu B sent a copy of the physical card connected to the Defendant’s Agricultural Cooperative (C) account in the name of the Defendant using Kwikwikset’s service.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the detailed statement on transactions of each automation machine, the details of financial transactions in regional concentration cooperatives, and statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general crime [Type 1] - the mitigation element of a crime: In a case where there are extenuating circumstances in relation to the commission of a crime or motive for a crime [the scope of recommendations and recommendations] [the scope of a punishment] mitigation area, imprisonment with labor for one month to six months [the general person] - there are no records of criminal punishment where there is no actual amount of profit or minor amount of profit [the grounds for suspension of execution] - There are no records of criminal punishment where there are grounds for special consideration in the commission of a crime or motive for a crime - there is no records of criminal punishment - Where there is no actual amount of profit or minor amount of profit: Social relation is clear.

3. Determination of sentence: 4 months of imprisonment, one year of suspended sentence, the Defendant promised to implement a loan, sent a physical card, and the physical card was used for licensing crimes.