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

No person may borrow or lend a means of access for electronic financial transactions, knowing that he/she is to be used for any crime or to be used in such crime.

On December 24, 2018, the Defendant: (a) made a false transaction performance from a name-free company B; (b) obtained a so-called “illegal working loan,” which received a loan after raising credit rating by false means; and (c) around December 27, 2018, the Defendant sent a physical card and one credit card connected with the Defendant’s name-free bank account in the name of the Defendant at a non-bank location in the name of the Defendant, Nam-gu, Daegu-gu, Daegu-gu, into a location in the name of the Defendant (E) and the F Bank account in the name of the Defendant; and (d) sent the above name-free personal card and one credit card to the home delivery officer; and (e) notified the above name-free person of the password of each account number through telephone.

As a result, the Defendant lent two copies of the means of access for electronic financial transactions, knowing that they will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on deposit certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution refers to the defendant's expression that he/she would lend a means of access by making a false transaction performance, and the crime liability is not exceptionally imposed on the means of access that has been used for fraud.

However, the defendant's age, character and conduct, environment, circumstances before and after the crime are considered as follows: the defendant's first offender who has no record of punishment, and the defendant also suffered damage by remitting approximately two million won, etc. and the punishment shall be determined like the order in consideration of the age, character and conduct, circumstances before and after the crime.