A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access or promise to receive compensation unless otherwise specifically provided for in other Acts, nor shall he/she lend or receive the means of access.

Nevertheless, the Defendant, who borrowed an account from his name in bad faith, lent the means of access to the account and thought to acquire cash. On April 16, 2019, the Defendant sent the Csecurities account (Account Number D) card under the name of the Defendant to the bearer of Kwikset Service in front of the Guro-gu Seoul Metropolitan Government, and then notified the password to the bearer of Kwikset Service.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E’s written petition;

1. Certificates of deposit transaction records, deposit certificates, and replies of applicable provisions of Acts to requests for provision of financial transaction information;

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. In light of the fact that the act of transferring the means of access for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is serious harmful to the act of facilitating the crime such as tax evasion, Bosing fraud, etc., and that the means of access leased by the Defendant was actually used for the crime of fraud and its damage has been realized, there is room to view that a strict punishment is necessary.

However, since the defendant is the first offender who has no record of punishment, recognized the mistake and reflects the depth of the defendant, and seems to have no profit acquired by the crime of this case, it shall be taken into account. The motive and circumstances of the crime of this case, circumstances after the crime, the age, character, and conduct of the defendant.