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 transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On May 9, 2018, the Defendant promised to receive a rental fee of KRW 3 million for five days in front of the office of his company located in the Daegu Suwon-gu, Daegu-gu, and lent a physical card to his name defecter via Kwikset Service Articles, which is linked to the account in the name of the Defendant (Account Number: D).

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

Summary of Evidence

1. Defendant's legal statement;

1. Detailed statements of transactions by account and replies to requests for provision of financial transaction information;

1. Application of Acts and subordinate statutes to a report on damage;

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 the mistake, that there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case.