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 lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, the Defendant received a proposal from a name-free person that “if he lends an account to be used for tax reduction or exemption and a check card, he will offer KRW 2 million per account for use for three days.” On November 29, 2018, the Defendant notified Kwikset service engineer who sent three copies of the check to the Defendant’s name-free and lent the means of access to a financial institution to Kwikset service engineer who sent them to the Defendant’s bank account (C), D Bank account (E), and F Bank account (G) in front of the mutual non-affiliated restaurant located in Seo-gu, Seo-gu, Seo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not only impeding the stability of electronic financial transactions and the trust thereof, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to strictly punish the means of access with serious social harm.

The Defendant lent three physical cards, and the means of access actually leased by the Defendant was used for other crimes.

On the other hand, the defendant recognized a mistake and reflects it, and it is the first offense.

The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.