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

On November 27, 2018, the Defendant was sentenced to a suspended sentence of two years on October 10 to imprisonment with prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), and the judgment became final and conclusive on December 5 of the same year.

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on January 2018, the Defendant received a proposal from a nameless person who misrepresented as “B bank employee” in the name of the Defendant to the effect that “if sending a physical card, he will increase the credit point by repeatedly making a transaction performance, and then return the physical card.” Around that time, the Defendant sent a copy of the physical card connected to the nameless person in the name of the Defendant’s account (Account Number:F) using Kwikset in front of the Dwi Factory located in Daegu C.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on probation is that the Defendant lent the means of access, and the means of access leased is used for fraud, etc.

However, there are criminal records such as the defendant's acknowledgement of the crime of this case and there is no record of punishment for a similar crime, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).