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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.
On February 23, 2017, the Defendant: (a) provided a proposal that he/she would provide a e-mail card when sending it from a person who has no name; and (b) provided a e-mail card that is linked to the B bank account under the name of the Defendant; (c) provided a loan to the B bank account used for the crime of telephone financial fraud and was investigated by suspicion of violating the Electronic Financial Transactions Act in around 2017; and (d) provided a proposal that he/she would provide a loan when sending the e-mail card even around September 2017; and (c) provided a proposal that he/she would provide a e-mail card that is linked to the C bank account under the name of the Defendant and was sentenced to a fine of KRW 4 million on April 6, 2018 by transferring the e-mail card connected to the C bank account under the name of the Defendant; (d) thus, demanding the delivery of the means of access
Nevertheless, on August 21, 2018, the Defendant received a proposal from a person who has no name (hereinafter “D”) to lend KRW 13,000,000,000 from “to lend the principal and interest of the loan,” and around August 22, 2018, the Defendant lent one physical card connected to the Defendant’s account under the name of the Defendant through Kwikset’s name (G)’s name to the above person, and around the same day, lent one physical card connected to the Defendant’s B bank account under the name of the Defendant at the same place (H) around the same month.
Accordingly, the Defendant each lent the means of access, knowing that they will be used in the crime.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. A written statement of I;
1. Investigative Report (B Bank Account Number Confirmation), Case Inquiry Results:
1. Inquiry into customer's personal information, certificates of deposit transaction records, J answer materials, text messages, and dialogues with each K;