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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around July 29, 2019, the Defendant accepted and consented to a loan from a person who has not made a statement of name, “I would allow B to withdraw the principal and interest of the loan,” and then, around July 31, 2019, the Defendant issued one check card, which is the means of access to the B Bank Account (C) in the name of the Defendant, in the vicinity of the Seocho-gu Seocheon-gu Seocheon-gu Seocheon-gu Swikkset-gu Swikset-si.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on the details of A account transactions and the details of Kakakao dialogue given and received by suspects;

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive for crimes (the scope of recommendations and recommendations], the area of mitigation of punishment, and one to six months of imprisonment;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

An act of lending a means of access to a disadvantage: To impair the stability and reliability of electronic financial transactions, and the means of access should be seen.