A defendant shall be punished by imprisonment with prison labor 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 25, 2019, the Defendant received a proposal from a person who has no name, stating that “If he/she lends a check for receiving money from a liquor company, he/she will pay 1.2 million won per one for three days in return for using it for three days,” and around April 10, 2019, the Defendant delivered the check card to the person who has no name, via two copies of the check card, which is linked to B Bank Account (C) and Enterprise Bank Account (D) in Eunpyeong-gu Seoul Metropolitan Government, on April 30, 2019.

As a result, the Defendant promised to receive compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the details of entry and withdrawal, each seizure warrant, correspondence, and writing dialogue;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, as well as the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: The lending of means of access is another crime, such as gambling, singing, etc.