A defendant shall be punished by imprisonment for six months.

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

Criminal facts

No person shall lend a means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, around January 15, 2019, the Defendant received a proposal from a person who has no personal name, stating that he will use the e-mail card for three days and offer 1.8 million won in return for the lending of the e-mail card from a person who is not his personal name. On January 15, 2019, the Defendant sent the e-mail card to the person who has no personal name, using the e-mail card connected to the KSB bank account (D) in Dongjak-gu Seoul Metropolitan Government on January 16, 2019.

Accordingly, the defendant agreed to receive compensation and lent a physical card, which is a means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. Application of Acts and subordinate statutes to criminal investigation reports (Attachment to details ofF dialogue between a suspect and his/her name incompetence);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

2. The act of lending a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, and thus, the nature of such crime is not exceptionally considered.

The means of access that the defendant lent was actually used for the crime of fraud, and that the defendant has already been punished once for the same crime, etc. are disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized in favor of the defendant, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, and criminal records of the defendant.