A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 26, 2018, the Defendant received a proposal from a person without his name to the effect that he would lend a physical card to be used for the purpose of tax reduction and exemption to the employees of a liquor company, and agreed to do so, and then sent one check card connected respectively to the Defendant’s name E Bank account (Account Number:F) and G Union account (H) at the cargo delivery agency in the name of “D” located in G in G, Gyeongdong-gun, G, and one day on the same day.

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. A written statement of I;

1. Details of transfer;

1. Application of the Acts and subordinate statutes to the details of replies;

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 type 1] general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic field, imprisonment for four to ten months [the general person] - If there is no actual amount of profit or minor amount of profit or if there is no amount of profit or it is minor, it shall be considered [the reason for suspension of execution] - If there is no actual amount of profit or there is no amount of profit or minor amount of profit, it shall be obvious that there is no criminal record of suspension of execution or more, and social relation is social relation.

3. Determination of sentence: The defendant who has been sentenced to a suspended sentence for one year shall be sentenced to imprisonment for five months;