A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

No person shall lend any cash card or a password necessary to use the means of access to electronic financial transactions, any user number registered with a financial institution or an electronic financial institution, etc. to any third person for consideration.

Nevertheless, the Defendant, at the end of July 2018, proposed that “When the account needs to be borrowed from the account due to tax reduction or exemption, 150 to 2 million won will be given to the account” from the person who was absent from his name, he sent one physical card connected to the post office account under the name of the Defendant as Kwikset Service, and promised to provide compensation by informing the above person who was not in whose name the password to C, and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition for DNA preparation;

1. Application of Acts and subordinate statutes on account transactions;

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. In light of the fact that the act of lending the means of access, such as this case’s reason for sentencing under Article 62(1) of the Criminal Act, is highly likely to lead to an unspecified number of victims by facilitating other crimes, and the means of access actually leased by the defendant, it is used for licensing crimes, there is a need to strictly punish such act.

In addition, the defendant had a record of being sentenced to a summary order of KRW 1 million for the same crime around 2010, and at the same time, there is a high possibility of criticism for the crime of this case.

However, there are circumstances such as the fact that the defendant appears to recognize and reflect the crime, that there is no record of punishment exceeding the fine against the defendant, and that the account connected to the means of access lent by the defendant has been suspended from payment, and that the amount remitted by the victim has not been withdrawn even if it was fully suspended.