A defendant shall be punished by imprisonment for 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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 14, 2018, the Defendant received a proposal from a person who was not the deceased’s name and consented to the offer that he would offer KRW 3,00,000 per month if he borrowed an account to use it for the purpose of withdrawing game money, and then sent a physical card connected with the Defendant’s name-based community credit cooperative account (E) through Kwikset’s service on the front day of the D Elementary School located in Daegu Suwon-gu, Daegu-gu, and sent the password by B message.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. A report on investigation (Submission of B details by a suspect), a report on investigation (Attachment of a detailed statement of account transactions), an investigation report ( Results of execution of a warrant of search, seizure, and verification);

1. Application of Acts and subordinate statutes on account transactions;

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 act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.

However, the defendant confessions the crime of this case and repents his mistake, and it seems that there is no benefit from the crime of this case, and the age, character and conduct, environment and family relationship of the defendant.