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

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.

Nevertheless, around July 25, 2018, the Defendant received a proposal from a name-free businessman to the effect that “If you send a e-mail card, you will make a loan as if you have income by repeating the money for entering the e-mail,” and accepted it. On the same day, Kwikset service article sent the name-free winners from the “D” office located in Daegu Daegu around the same day, one copy of the e-mail card connected to the E (Account Number:F) account in the name of the Defendant.

Accordingly, the Defendant lent a means of access used in electronic financial transactions, knowing that it would be used for crimes such as fraud and violation of the Act on Real Name Financial Transactions

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a written statement of the G production;

1. Application of Acts and subordinate statutes to details of transactions and replies;

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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “instant crime”) is that the instant crime is likely to be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the means of access that the defendant lent was actually used to commit fraud and the damage was caused is disadvantageous to the defendant.

On the other hand, there are other favorable circumstances, such as the fact that the defendant commits the crime of this case and seems to have failed to gain any particular benefit, that the leased cream card is one, and that the defendant has no criminal record and penalty power exceeding the fine.