A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on October 25, 2019, the Defendant received a proposal from a person who was not the beneficiary of his/her name and accepted the proposal that “The Defendant would lend 7.5 million won to the bank account in the face of lending the principal and interest of the loan.” On October 30, 2019, the Defendant sent the e-mail card connected to the Defendant’s name bank account (D) at the C business office located in Bosung-gun, Bosung-gun, Sungsung-gun, to the recipient of the address known by the said person who was not the beneficiary of the e-mail.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A specification of transactions;

1. Image data from CCTV withdrawn from damage;

1. Application of Acts and subordinate statutes to Characters photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act where a person complies with a request to provide a loan on the ground of loan, there are extenuating circumstances in which the crime was committed or motive for crime, and it is not deemed that the crime was committed with conclusive intent;