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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 2019, the Defendant received a proposal from an unsatisf in writing from an unsatisf in his name to the effect that he would lend the account for three days, and consented to it. On the same day, the Defendant sent a passbook, check card, and check card connected to the Defendant’s name bank account (D) to an unsatisf in front of Kwikset’s mutual unsatisf in Daegu-gun, Daegu-gun, to the unsatisf in his name, and notified the password by telephone.

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. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to data to capture the contents of text and to warrant of search, seizure and verification;

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

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, that there is no record of punishment for the same kind of crime, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as the order shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the circumstances after the crime.