A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall lend a means of access in receiving, demanding or promising the payment in the course of using and managing electronic financial transactions.

On October 24, 2019, the Defendant: (a) received a proposal from a person who was unaware of his name to “be granted loans by piling up transaction performance; and (b) received such a proposal, around 17:00 on the same day, the Defendant sent Kwikset service engineer who sent the above-mentioned name in front of the B apartment in Yan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (c) sent a physical card connected to the post office account passbook (Account Number C) in the name of

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (as to a request for a warrant of search and seizure subject to a financial account trend), Kakao Stockholm dialogue (Evidence Records 79 pages);

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. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The gist of the argument is that the Defendant only issued a e-mail card with the knowledge of the lending process, and it does not lend the e-mail card to a person with no name for the purpose of obtaining a loan opportunity.

2. The relevant legal doctrine was enacted to clarify the legal relationship of the electronic financial transaction to ensure the safety and reliability of the electronic financial transaction (Article 1). “The act of lending a means of access while receiving, demanding or promising the payment” is prohibited (Article 6(3)2), and the person who lends a means of access is punished in violation of Article 6(3)2.

(Article 49(4)2 of the Electronic Financial Transactions Act). “Lending of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means consideration.