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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On October 22, 2019, the Defendant received a proposal from a person who was unaware of his name to the effect that “on the face of sending his/her check, he/she will borrow a loan from 2.8 to 100 million won per annum on the terms of 6,50 million won, by raising the transaction performance with his/her check,” and then, around October 24, 2019, the Defendant sent Kwikset Service’s name-based card connected with the post office (D) account in the name of the Defendant to the article with Kwikset Service, who sent the above name-based personal identification number to the article with Kwikset Service in the name of the Defendant, at around October 24, 2019.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the specifications of transactions of each automation machine;

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 to the grounds for sentencing under Article 62(1) of the Criminal Act requires strict punishment since it can be used as a means of other crimes; the means of access to this case leased by the defendant is also used as a means of fraud; unfavorable circumstances such as the confession of the defendant to commit the crime; the defendant is the primary offender; the defendant was unable to obtain benefits from the crime of this case; and the defendant was unable to obtain benefits from the crime of this case; and the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, shall be determined by taking into account the following factors.