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 while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on February 1, 2019, the Defendant received a proposal stating that “The amount of KRW 780,000 per day shall be paid if he/she lends a card due to tax,” from a person who was not the deceased on his/her name, and around February 26, 2019, at a C point located in Gwangju Mine-gu, Gwangju Mine-gu, he/she included a physical card connected to a DNA bank account under the name of the Defendant in a paper, and sent the password to a person who was not the deceased on his/her name by telephone, and notified him/her of the password by telephone.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on deposit;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction, the fact that the crime is recognized, the number of times of lending the means of access was limited to one time, and there is no actual benefit from the lending);

1. Social service order under Article 62-2 of the Criminal Act;