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 borrow or lend any means of access used in an electronic financial transaction while receiving, demanding or promising the payment.

Nevertheless, on December 19, 2018, the Defendant received a proposal that “The Defendant borrowed the other person’s account due to tax issues, i.e., a logistics company, and would use it for three days, and pay 4 million won to the other person,” and then sent one physical card connected to the bank account (E) in the name of the Defendant at the C salary point located in B at the crediting-si, and around the 19th day of the same month.”

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written petition;

1. Application of Acts and subordinate statutes to receipts, financial information provision data;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, based on the following factors: (a) the means of access leased by the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act, which is unfavorable to the defendant, such as the use in committing the Bosing Fraud; (b) favorable circumstances, such as the defendant’s abuse of error; and (c) the criminal records, age, family environment;