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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around July 9, 2019, the Defendant received an advertisement letter stating that “a company selling imported alcoholic beverages is a company selling imported alcoholic beverages and requires another person’s account in terms of tax reduction, if it lends the account, it shall be used for three days, and in return, it shall be paid KRW 3 million per account.” In front of the above Dwikset’s security room, the Defendant sent a letter of check card connected to the E-bank’s account under the name of the Defendant through Kwikset’s article of Kwikset’s security service.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The customer information inquiry table and details of financial transactions;

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

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.

The card lent by the defendant was actually used for fraud crime.

The punishment power of fines due to other types of crimes may be met.

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

The instant case did not obtain monetary benefits.

There is no criminal power for the defendant.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.