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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act may borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising the use and management of the means of access;
Nevertheless, around the beginning of December 2018, the Defendant: (a) expressed that “B requires a card for the reduction or exemption of alcoholic beverages; (b) 30,000 won will be used for lending the card; (c) 30,000 won per day shall be paid in total for 2,10,000 won per day; and (d) promised to lend his/her check card to the said needy person for the said consideration.”
On December 5, 2018, at around 13:00 on December 13: 13:00, the Defendant: (a) placed a book, which is linked to the D Bank account (Account Number E) in the name of the Defendant; (b) sealed the book in the box connected to the F Bank account (Account Number: G) in accordance with the instructions of the person who was killed in the said box; and (c) sent it to the Kwikset Service Officer who sent the said Buddhist; and (d) lent the means of access in return for consideration by sending the said number and password by text message.
2. On December 3, 2018, when misrepresenting the victim H as “I agency,” the Messenger used the J Messenger that “a loan can be made up of KRW 31 million, but it is possible to lend an existing card loan if 5.9 million is repaid in order to improve the grade because the credit rating is low,” and the victim transferred KRW 5.8 million to the D Bank account in the name of the Defendant as stated in paragraph (1) around December 6, 2018.
As such, while the Defendant was in custody of the aforementioned money that the victim transferred to another D Bank account under the name of the Defendant, the Defendant transferred KRW 2.7 million on the same day to another D Bank account in the name of the Defendant.