A defendant shall be punished by imprisonment with prison labor for up to 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 a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts, or keep, deliver or distribute the means of access.

On November 1, 2018, the Defendant: (a) received a proposal from “B,” a person who was aware of the fact that he/she was using text messages (hereinafter “B”); (b) sent a physical card to reduce taxes, 90,000 won on three days and five million won on five days, if he/she sent it; (c) agreed to lend it for five days; (d) around November 10, 2018, the Defendant promised to send the physical card connected to the C bank account (D) opened in the name of the Defendant at Seopopopopo-si located in Seopo-si, Seopo-si, in the name of the Defendant; and (d) lent the means of access by receiving a promise to send it to the designated address.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the E-document;

1. Detailed descriptions of trading and detailed descriptions of trading;

1. Application of video-related Acts and subordinate statutes to the F dialogue output;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. are the criminal facts of this case, which were prosecuted before June 30, 2019, and sentencing guidelines do not apply.

【The scope of applicable sentences under law】 One month to three years 【Pronouncement of Punishment】 Imprisonment with prison labor for six months: the Defendant had a record of having been sentenced to suspension of indictment on October 6, 2014 by a prosecutor affiliated with the Seoul Southern District Prosecutors’ Office on the charge of violating the Electronic Financial Transactions Act; lending of means of access means of tax evasion, Internet gambling, scaming, etc.