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 becomes final and conclusive.

Punishment of the crime

No person shall lend, keep, deliver or distribute a means of access while receiving, demanding or promising compensation.

On March 26, 2019, the Defendant: (a) heard the horses that “a loan can be made; (b) send a physical card to enable us to directly withdraw the principal and interest of the loan after the loan”; and (c) sent a copy of the physical card linked to the company bank account in the name of the Defendant to the above-mentioned names.”

Accordingly, the Defendant promised to receive the means of access in return for the intangible expected interest of future loans.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of C’s written laws and regulations

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant and defense counsel on the assertion of the defendant and defense counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the means of access is not leased because the defendant and defense counsel provided physical cards to the lender for the convenience of recovering the principal and interest of the lender upon the confirmation of the loan

On the other hand, the Defendant sent a physical card, which is a means of access, to conduct electronic financial transactions, such as withdrawing money by using the physical card without Defendant’s management and supervision, so this constitutes “loan of access media.” Since the delivery of the physical card for the collection of principal and interest was conditional on lending, the Defendant sent the physical card for the purpose of receiving the loan, and such circumstance constitutes “the promise of payment” for the lending of means of access.

Therefore, the defendant and defense counsel are argued.