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 shall, 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, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 2018, the Defendant received a proposal from a person who was missing in his name, to the effect that he would use the C (Account Number: D) for three days and 300,000 won per each time when he lent the C card to be used for the purpose of tax reduction and exemption, and then sent a copy of the C (Account Number) card connected to the name in the name of the Defendant at the front of the Defendant’s residence located in Daegu Dong-gu, Daegu-gu, Kwikset-gu, and then sent it.

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. A copy and written statement of the E preparation;

1. Application of details of transactions, and data on financial transaction information Acts and subordinate 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “instant crime”) is that the instant crime is likely to be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the means of access that the defendant lent was actually used to commit fraud and the damage was caused is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the defendant, and it seems that he did not gain any specific benefit from the crime of this case, the leased cream card is only one, and the defendant is punished by a fine other than twice since 1993.