A defendant shall be punished by imprisonment for six 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

No person shall borrow or lend a means of access while receiving, demanding or promising compensation.

Nevertheless, on April 29, 2019, the Defendant called "5 million won or less" from a nameless person who assumes the name of a lending business operator on or around the A.M., the Defendant: (a) promised to provide a loan to a financial institution in return for any intangible expected profit that may arise in connection with a loan, such as tax issues or gold reduction investigation; and (b) lent the means of access to the financial institution by promising Kwikset Service Officer to send the nameless person from the head of office in front of an officetel located in A.S., Ansan-si, Seoul Special Metropolitan City, on April 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. A detailed statement of entry and withdrawal;

1. Details of admission and withdrawal (the warrant and correspondence materials);

1. Application of Acts and subordinate statutes of D contents;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the act of lending the means of access, such as this case, is serious as the act of facilitating the crime such as tax evasion and fraud.

In fact, the means of access in the defendant's name was used for fraud.

In 2017, the Defendant committed the instant crime even though he was subject to a disposition of being suspected of being suspected of having transferred his account on three occasions with the charge of transferring his account in order to obtain credit loans.

The defendant transferred 2 million won out of 5 million won deposited by the victim to his own account, to his own other account, and it is not a sprinking to the person who requested the return of the said money.