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

Nevertheless, on May 2019, the Defendant received a proposal from a name-free person who assumes the Defendant as a loan counselor, to the effect that “a loan may be available, not a normal loan, and interest may not be paid to him at his own account by setting it high. If the Defendant sent a e-mail card linked to the bank account so that interest may be recovered, then he would proceed with the loan.” On the other hand, the Defendant sent one e-mail card connected to the Defendant’s new bank account in the name of C (Account Number: D) managed by the Defendant before the Defendant’s home located in the e-mail-si B, and sent one e-mail card to a name-free person.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Receipts without passbooks;

1. Data on reply to warrant execution;

1. Application of Acts and subordinate statutes on a petition;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to sentencing guidelines [decision of type] general crimes [type 1] - mitigated factors: where there are particularly extenuating circumstances in relation to commission of an offense or motive for an offense (where a person complies with a request for provision on grounds of loan or employment, etc.), [the scope of recommendations and recommendations] mitigation area, one month to six months (general person) mitigation factors: actual mitigation factors: