A defendant shall be punished by imprisonment for four 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 receiving, demanding or promising any compensation.

Nevertheless, on April 7, 2019, the Defendant: “In the event of sending a physical card, the Defendant would have improved the transaction performance by repeatedly entering and withdrawing the money of the lending company so that the lending of 10 million won is possible by making it possible to get the lending of the head of Maspbook in the amount equivalent to KRW 10 million” from a nameless person who misrepresents the employees of the lending company; and on May 7, 2019, the Defendant received contact and lent the means of access to the financial institution in return for the intangible expected interest that can receive the future loans by sending the check card and the password to the nameless person in the name of the lending company in return for the payment of the intangible expected interest that can be received for the future loans.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Data on warrant of search, seizure and verification;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

On September 15, 2017, the Defendant committed the instant crime during the period of suspended execution, even though he/she was subject to a suspended sentence due to the crime of violation of the Road Traffic Act (driving) (hereinafter “Road Traffic Act”). The Defendant’s lending card was actually used for fraud.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

There is no criminal record for the defendant.

Some of the damages have been refunded.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, and circumstances after the crime are considered.