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 became final and conclusive.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 8, 2019, the Defendant received a proposal from a person who was not killed in the name of the Defendant (the name B Company C team leader of the company B) and sent a personal number of KRW 8 million to the Defendant’s office at around the 8th day of the same month, according to the direction of the person who was not killed in the name of the Defendant. In front of the Defendant’s office, the Defendant, at around the 8th day of the same month, issued a physical card connected to the account (Account Number F) in the name of the Defendant to Kwikseter, and notified the person who was killed in the name of the Defendant to the phone number.

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. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to reply to a warrant of search, seizure;

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 Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that only the person who has been punished twice as a result of a crime is punished as a favorable sentencing factor for the defendant. The crime of this case is that the person who has been punished twice as a result of a crime is obliged to receive compensation in the electronic financial transaction medium and lent the means of access is highly likely to be used for other criminal acts. The means of access that the person actually lent by the defendant is deemed to have been used for a crime such as scaming fraud, etc., taking into account the defendant's age, character and conduct, and motive for the crime, etc., and the sentence was