A defendant shall be punished by imprisonment for six 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 borrow or lend a means of access in the course of receiving, demanding or promising any compensation in electronic financial transactions.

On February 14, 2019, the Defendant received a message from a person without his name to the effect that “the personal account is leased to him for the settlement of the price, and then sent the physical card to him, and promised to lend the account to him.” On or around the 20th of the same month, the Defendant sent the password of the physical card connected to the B account in the name of the Defendant to D, and lent the means of access by sending one copy of the above physical card to the person with no name to the person with no name and promising to pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of transfer confirmation certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommendations based on the sentencing criteria: Non-establishment of the sentencing criteria (public prosecution on April 29, 2019);

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after crimes, for six months of imprisonment, one year of suspended sentence, and others.

The circumstances unfavorable: The fact that the victim was incurred due to the account lent by the defendant, the circumstance that the defendant had the record of punishment for the same past: The confession of the crime of this case and the fact that there is no record of crime other than the twice fines.