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.

Criminal facts

No person shall, in using and managing a means of access for electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive any consideration.

Nevertheless, the Defendant would give a loan from a name-free person. However, since the lending is difficult due to lack of transaction records, the Defendant received a proposal and consented to the delivery of a physical card so that it can recover money from our company’s account. On April 24, 2019, the Defendant sent a physical card to a name-free person via a bank account (D) connected with the Defendant’s name at the front parking lot B located in the former Northwest-gun, Northwest-gun, Seoul around 15:00.

Accordingly, the Defendant promised to contribute to the intangible expectation interest that can receive a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. New warrant documents;

1. Application of text messages to Acts and subordinate statutes;

1. Relevant Article and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria [Determination of types] There is no type (general crime) (special offender] of crimes in violation of the Electronic Financial Transactions Act (the area of recommendation and the scope of recommendation), basic area of punishment, April to October of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months, suspended sentence for one year (unfavorable circumstances) of a suspended sentence; the occurrence of damage caused by a means of access lent by a defendant for a crime of telephone financial fraud (negative circumstances); there is no criminal benefit acquired by a defendant; and the defendant repents his/her mistake;