A defendant shall be punished by imprisonment for not less than eight 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

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation in using or managing the means of access;

Nevertheless, around June 2019, the Defendant heard the phrase “B” from a person who assumes a false name who assumes the name “B” of a liquor company, and sent a physical card that can be deposited and withdrawn from a gold-related amount to a person who is not a party to the name. At around 17:00 of the same month, the Defendant sent a copy of the physical card connected to the D account (Account Number: E) in the name of the Defendant in front of the Defendant’s home located in Gangwon-si, Gangwon-si.

Accordingly, the Defendant loaned the means of access to another person in return for promise.

2. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, the Defendant, on July 2019, called the name-free person who misrepresented a borrower company's staff member, called "if sent via a mobile phone, 70 thousand won per unit shall be paid" on July 8, 2019, and at around 15:00 on July 8, 2019, the Defendant opened one cell phone in the name of the Defendant at a communications store near a high-speed bus terminal located in 181 as Gangwon-si, Gangwon-do, and sent the phone to an unqualified person under the name of the Defendant. At that time, the Defendant opened six cell phoness as shown in the attached list of crimes, and transferred the name-free person.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Communications data in the suspect's name;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 49(4)2 and Article 6 of the Electronic Financial Transactions Act concerning criminal facts and the choice of punishment.