A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

On March 11, 2019, at around 10:00, the Defendant received a proposal from a person whose name was misrepresented by B employees, stating that “When sending the check card, the Defendant would make the details of transactions repeatedly with our money, allow loans by raising credit rates, and return the check card.” On March 11, 2019, at around 17:00, the Defendant issued a copy of the check card linked to the Defendant’s account of community credit cooperatives in the name of the Defendant before the Defendant’s house located in the Seongbuk-gun of Seongbuk-gun, around 17:00.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions by account, and application of the Acts and subordinate statutes governing suspect A monetary records;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The favorable circumstances: The defendant recognized his mistake as the first offender, divided, the economic and health conditions are not good, and the perception of illegality seems to have been weak.

The act of lending the means of access is highly necessary to punish strictly because it enables crimes such as telephone, financial fraud, etc., the card actually leased by the defendant was used to commit a crime, causing damage equivalent to KRW 9 million, and the damage was not restored.