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

Nevertheless, on April 23, 2019, the Defendant received a proposal from an unqualified person to the effect that “the Defendant is a liquor company, and will be leased to an account for the purpose of saving taxes.” On March 23, 2019, the Defendant consented to it, and then sent a copy of the physical card connected to the Defendant’s nominal bank account (D) by using his/her house from C located in Daegu-gu achieved Group B, and notified the password by telephone.

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. Copy of a protocol of police interrogation regarding E;

1. A copy of a warrant of search, seizure, and verification, and application of applicable statutes;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending the means of access used in electronic financial transactions, such as the instant crime, in light of the following: (a) it is necessary to strictly punish the act of aiding and abetting other crimes; (b) the physical card and the account of the Defendant lent by the Defendant appears to have been actually used for licensing crimes; (c) considering the circumstances unfavorable to the Defendant; and (d) recognizing the facts of the offense and having been divided; and (e) taking into account the circumstances favorable to the Defendant, the first offender shall be determined as per Disposition in consideration of the following: