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 a means of access while receiving, demanding or promising compensation.

Nevertheless, on July 15, 2019, the Defendant: (a) sent a personal card with a name-freeist who assumes the name of the lending business entity at the interest rate of KRW 5 million at the rate of 3% per month to the Defendant; (b) borrowed the means of access of the financial institution in return for promising to receive a loan by communication and receiving a loan from the designated payment date; (c) on July 17, 2017, the Defendant sent the name-free winners from the 1st floor of the Kapo-si Btel to the Kwipo-si Office that sent the name-free winners on the 1st floor of the Kapo-si Btel on July 14:00, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (Submission of suspect A data);

1. Application of Acts and subordinate statutes to the details of personal financial transactions, certificates of results of electronic financial transfer, and documents to be submitted by suspects (G dialogues) ;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of recommendations according to the sentencing guidelines (the sentencing guidelines are not applied, but referenced to the sentencing guidelines for the crime of violating the Electronic Financial Transactions Act) / [decision of type 1] general criminal acts [the scope of recommendations and recommendations] basic area of crimes in violation of the Electronic Financial Transactions Act / [the scope of recommendations and recommendations] basic area, April to October of imprisonment;

2. Circumstances unfavorable to the determination of sentence: The instant crime is a crime detrimental to the security and trust of financial transactions.

The defendant lent a card to a name-free person, and the same lending card is actually fraudulent.