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, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around October 16, 2019, the Defendant heard the proposal to the effect that “a loan may be granted, it is necessary to receive the principal and interest, send a physical card, and notify the password,” from a person who misrepresented to B, and accepted it on the same day, and then deliver the physical check card linked to the bank account (C) opened in the name of the Defendant at the post office located in Tae-dong-dong-ro 89, Busan Metropolitan City and then deliver it to the address of the above person who was not the recipient of the above name, and then inform the person who was not the beneficiary of the above name number of the account at that time.

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. Statement made to D by the police;

1. Details of transactions for entry and withdrawal;

1. Application of Acts and subordinate statutes on receipt of post office recruitment receipt;

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. The reason for sentencing under Article 62(1) of the Criminal Act (negative) is against the Defendant’s recognition of the instant crime.

The Defendant repaid the victims of the crime of Bophishing using the means of access that he lent.

The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.

[M] The lending of a means of access is an act that facilitates various crimes, such as tax evasion and phishing, and such social harm is serious, and the liability for such crime is not less severe.

The means of access leased by the accused.