A defendant shall be punished by imprisonment with prison labor 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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2018, the Defendant was promised to lend KRW 50 million to a person who was not the deceased’s name. On August 1, 2018, the Defendant issued a letter of physical card linked to the Agricultural Cooperative Account (B) under the Defendant’s name and sent the said letter of check to the Kwikseter who sent the non-indicted’s name in the vicinity of the Defendant’s residence in the former North Korea-gun C around August 2, 2018, and then lent the means of access by promising to notify the above person who was the deceased’s name of the password number and the account number.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of Acts and subordinate statutes related to the issuance of search and seizure warrant and check cards;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Scope of recommendations according to sentencing guidelines [decision of types] general crimes (type 1): Reduction factors of crimes in violation of the Electronic Financial Transactions Act (type 1): Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive of crimes (the scope of recommendations and recommendations), reduction range of punishment, imprisonment with labor for one month or six months;

3. Determination of sentence: 4 months of imprisonment, the act of lending a means of access for one year of suspended execution may impair the security and reliability of electronic financial transactions and be used as a means of serious other crimes, such as singing, gambling, and tax evasion. Therefore, it is necessary to strictly punish the means of access leased by the Defendant.