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 became final and conclusive.

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

On the other hand, the Defendant sent the passbook, card, etc., which is a means of access to a prior loan, to a person who was named in the name, was aware that the account connected to the card was used for the so-called Bophishing fraud, and on September 10, 2009, the account was sentenced to a fine of KRW 500,000 by the Gwangju District Court to commit the Electronic Financial Transactions Act, and if it was delivered to another person, the means of access can be used for the crime of Bophishing fraud.

Nevertheless, at around 13:00 on February 22, 2019, the Defendant listened to the statement that “the details of passbook transactions are required to employ employees on gambling site exchange business, and 1.50,000 won per day of sending physical cards to the Defendant’s name-free persons,” from the name-free persons, the Defendant continued to arrest the person who received the physical card from the name-free persons on February 25, 2019 to the police.” On February 25, 2019, the Defendant heard the statement to the effect that “the person who received the physical card was arrested by re-issuance of the physical card,” and that “the person who received the physical card is sent by re-issuance of the physical card connected with the above B bank account, and then sent the physical card to the person who received the physical card from the name-free persons using the continuous bus bus service.”

Accordingly, the defendant, knowing that he will be used in the crime, lent the means of access to his name in two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Copy of each protocol of suspect examination;

1. Application of Acts and subordinate statutes on deposit transactions;

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

1. Punishment;