A defendant shall be punished by imprisonment for 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, 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, around February 13, 2019, the Defendant received a proposal from a person who has no personal name to the effect that “if he/she lends a physical card to be used for the purpose of tax reduction and exemption, he/she will offer 2,400,000 won per card.” On February 14, 2019, the Defendant sent two copies of the physical card connected to the D Bank Account (E) and Post Office Account (F) account in the name of the Defendant to the person who has no personal name using the phone in Daegu-gu, Seo-gu.

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. The police statement concerning G;

1. Investigation report (the reply to the execution of a warrant for search, seizure, and verification and details of transactions in the post office account in A);

1. Application of Acts and subordinate statutes to the certificate of details of deposit transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 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 act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 62(1) of the Criminal Act, requires a strict punishment as an act to assist another crime, such as singing, etc., and considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant’s account linked to the scam card that the Defendant lent was actually used for singing, and the fact that the Defendant recognized the facts of the crime and is divided, and that there was no record of punishment for the same crime, etc., in consideration of the circumstances favorable to the Defendant.