A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on March 25, 2019, the Defendant: (a) listened to the statement that “When sending the e-mail card to the purpose of withdrawing interest from the lending company, the Defendant would lend 3 million won to the e-mail; and (b) at around 17:00 on the same day, the Defendant issued one e-mail card connected to the Defendant’s name bank account (D) via Kwikset service article in front of Gangnam-gu Seoul, Seoul.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, the fact that only one-time fine has been imposed on the defendant due to the crime committed is the factor for sentencing favorable to the defendant. The crime of this case is the fact that the electronic financial transaction medium was used to receive compensation and the means of access was highly likely to be used for other criminal acts. The means of access actually leased by the defendant is deemed to have been used for the crime, such as scaming fraud, etc., and even though the defendant transferred the cam card in 2018 and was subject to suspension of indictment, the fact that the crime of this case was committed in consideration of the age, character and conduct of the defendant and the motive for the crime of this case, etc. shall be considered as the factor for sentencing unfavorable to the defendant.