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 one shall transfer a means of access, such as a user number, an electronic card or any other similar information registered with a financial company, etc. used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details, or lend such means of access, such as a password necessary for the use thereof, request or promise to receive any consideration therefor.

On December 18, 2018, the Defendant: (a) received a proposal from a person whose name he/she was known through the mobile phone advertising text from a person who is unable to know, to use the name of the Defendant as a borrowed-name account to evade “B,” a liquor company, by telephone; (b) obtained a proposal from the Defendant to offer KRW 2,100,000 per day if he/she borrowed the check card and the check card for three days; and (c) gave consent thereto, on January 1, 2019, the Defendant sent the check card linked to the national bank account (E) opened in the name of the Defendant to a person whose name is not known, and then sent the password by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on official receipt and data tracking;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the means of access leased by the Defendant was used for the crime of Bophishing fraud, etc. is disadvantageous.

However, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant's recognition of the crime, the fact that there is no record of punishment exceeding the fine, and other factors of sentencing as shown in the records and trial process, such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and the circumstances after the crime