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 borrow or lend the means of access, or keep, deliver or distribute the means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, on December 3, 2019, the Defendant received a proposal from a nameless person who misrepresented as a proxy of B Company C by telephone, stating, “In the event of sending a physical check connected to the bank account at the monthly interest rate of 10 million won, the Defendant would make a loan by receiving the repayment of interest and principal from the bank account.” On December 3, 2019, the Defendant sent the physical check card connected to the F Bank account under the name of the Defendant to the nameless person.

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

Defendant’s legal statement

Examination of Police Suspect against Defendant

1. The police statement of H;

1. Application of Acts and subordinate statutes on warrant answer materials;

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 punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Circumstances unfavorable to the determination of sentence: The lending of the means of electronic financial transactions, such as the instant crime, not only disturbs the financial order, but also facilitating the commission of a showing crime, etc. In fact, the means of access that the Defendant has leased is used for the commission of a showing crime, and thus, the liability for the crime is not easy.

For the same crime.