A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 2017, the Defendant received a proposal that “The Defendant would pay KRW 300,000,000 to the user fee per day if he borrowed an account necessary for the reduction or exemption of taxes of liquor companies” from a nameless person who became aware of through the Internet B Job Offering Advertisement, and around that time, the Defendant sent Kwikset Service Articles who sent the above nameless person to Kwikset Service Articles in the way near the subway Skset Station located in Daegu Nam-gu, Daegu-gu, to the Defendant’s name-based D account (Account Number: E).

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the new Acts and subordinate statutes on financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; Articles 40 and 50 of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant provided a means of access in return for promising payment. In this regard, the liability for the crime is not somewhat weak in terms of the fact that the means of access is used for fraud.

However, the defendant's recognition of the crime of this case and the fact that there is no record of punishment heavier than a fine so far, etc. The defendant's age, character and behavior, family relationship, family environment, motive and means of the crime, and circumstances that are the conditions of sentencing specified in the records of this case shall be determined as ordered by taking into consideration the following factors.