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

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, the Defendant, upon receiving a proposal from his name-free person to the effect that “if he send a physical card, he will obtain a loan by drawing the transaction performance,” and accepted it, and on February 25, 2020, the Defendant’s mother in Gangnam-gun B sent a copy of the physical card connected to the Defendant’s name-free person’s bank account (D) from his home to his name-free person through his name-free person, at his home around 10:00.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes on details of deposits 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. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution needs to be strictly punished as the means of other crimes. The means of access to the case that the defendant lent by the defendant is used for the crime of fraud, the defendant recognizes his mistake and reflects it, the defendant was unable to gain profits due to the crime of this case, the defendant has no like power, and the defendant has no other kind of power, and the conditions of various sentencing as shown in the records and trial process, such as the age, character and behavior, motive and means of the crime, circumstances after the crime, etc.