A defendant shall be punished by imprisonment for six 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 the means of access, no one shall be allowed to borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, the Defendant, at around August 19, 2019, received text messages related to loans from a person who was unaware of the name of the site where the Defendant misrepresented the lending company, and consulted with him on the loan-related text messages, thereby making it possible to borrow up to a maximum of 12 million won. The Defendant loans 2% interest per month. Upon receipt of a resident registration copy, etc., a bank entry deposit statement during the last three months, etc., the Defendant sent the copy of the loan and the statement of transaction of deposits from the bank entry during the last three months, and then consented thereto. After accepting the proposal, the Defendant issued Kwikset Service’s personal card linked to the Defendant’s bank account in the name of the Defendant, and notified the Kakao Stockholm of the password’s identification number.

Accordingly, the Defendant promised to lend the means of access with an intangible consideration called a loan as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to warrant of search, seizure and verification;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 1] general crimes [Special Sentencing]: Reduction elements of mitigation: simple participation [the scope of recommendation area and recommendation range] mitigation range, and one month to six months in imprisonment;

3. Determination of sentence: Imprisonment with prison labor for six months and the act of lending the means of access for one year of suspended execution is often used as means of other crimes, such as licensing.