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 lend any means of access necessary for electronic financial transactions to any third person without justifiable grounds.

Nevertheless, on February 22, 2019, the Defendant would be able to transfer the amount of KRW 10 million in the company’s account to another person from his name-free person in the name-free area. In order to do so, the Defendant would pay KRW 200,000,000 whenever transferring the amount of KRW 10,000 to another person. In order to do so, the Defendant would hear the horses, and accordingly, on the same day, lent a copy of the physical card linked to the bank account in the name-free area in the name of the Defendant at the Yongsan River square located in Yongsan-gu, Seoul Metropolitan Government (Account Number C), and violated the Electronic Financial Transactions Act by lending the amount of KRW 10,000 to the name-free person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a statement of account transactions in the name of a victim, written application for bank 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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the record of sentencing under Article 62-2 of the Social Service Order Act; (b) the account of the means of access that the Defendant lent was actually used for the commission of fraud; (c) the fact that the Defendant recognized the commission of a crime; and (d) the fact that there was no record of punishment exceeding the fine; and (e) the Defendant’s age, character and conduct, environment, occupation, motive and consequence of a crime; and (e) the sentencing conditions as shown in