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 a means of access, no one shall lend the means of access, or keep, deliver or distribute the means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 8, 2019, the Defendant heard a proposal to the effect that “I would give a loan if you send a physical card” from a person who has no personal identity, and accepted it. On the 12:00 of the same month, around the 12:00th day of the Gyeonggi-gu Office, Kwikset service article, sent the physical card connected to the DNA bank account in the name of the Defendant through Kwikset service article (E).

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to certificates of deposit transaction (Evidence List 6);

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The crime of this case is a disadvantageous circumstance: The defendant lent the check card to a person who has lost his name, and the so-called doorbook, which is distributed therefrom, is a planned and organized starting point of the crime, such as Bosing and illegal gambling, and has a high risk of causing mass damage. Therefore, it is inevitable to punish the defendant for eradicating it.