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 one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around October 1, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she would lend five million won to him/her after conducting an examination related to admission and withdrawal, and consented thereto. On October 2, 2019, at the Defendant’s residence located in Daegu-gu Seo-gu, the Defendant sent a physical card card connected to the Defendant’s name bank account (D) to a person whose name is unknown using Kwikset and notified him/her of the password’s password to the message.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Certificates of specification and transfer confirmation, and application of new Acts and subordinate statutes on financial transaction information;

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, in light of the fact that the defendant led to the crime of this case, and the mistake is divided, there is no record of criminal punishment, the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.