A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any consideration, unless otherwise provided for in other Acts.

Nevertheless, around May 2019, the Defendant received a proposal that “a person raises an account to obtain tax reduction or exemption, and will offer KRW 3 million after using the account for 9 days if he/she lends the account.” On the other hand, around May 13, 2019, the Defendant sent a physical card connected to the account under the name of the Defendant to the account of community credit cooperatives (D) under the name of the Defendant in Jinju-si, and provided a loan to the means of access to electronic financial transactions by having the bank account under the name of the Defendant assigned one copy of the physical card to the account of community credit cooperatives (D) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Deposits receipt and details of transactions by account;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV photographs and card numbers at the time of withdrawal of damaged money);

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. In full view of the records, including the fact that the probation period for sentencing under Article 62(1) of the Criminal Act is a crime during the period of the suspension of execution, the fact that there was a record of being subject to a disposition of suspension of indictment for the same kind of crime, the motive and circumstance of the crime in this case, and efforts to recover the damage of the victim of Bosing, etc., and the various conditions of sentencing as shown