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, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 3, 2019, the Defendant received the proposal that “I will grant 600,000 won per day when I lend a physical card to be used for the purpose of tax reduction or exemption,” from a person who was named as a police officer, and accepted it. On January 3, 2019, the Defendant sent a physical card connected to the D Bank Account (Account Number: E) and a physical card connected to the F Bank Account (Account Number: G) in the name of the Defendant at an agency near Daegu-gu B market, Jung-gu, Seoul, to a person who was named in the name of the Defendant.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. A written statement of I and J;

1. Transfer receipt;

1. Details of transactions;

1. Details of each reply;

1. A list of deposit and withdrawal transactions;

1. Application of the statutes on account information and transaction details under the name of the defendant;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that he/she has no record of being punished for the same kind of crime, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character