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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

On October 7, 2019, the Defendant received text messages from a person who was not the name of the Defendant, and proposed that “When sending the Kakakao Kakao Kakao Messen, the Defendant would lend the Kakao Kakao Messen, and would deposit interest to the account connected with the Kak Messen Messen.”

In the past, in order to obtain a loan at around 2015, the Defendant: (a) was aware that the account was used in the phishing crime and was investigated for the charge of violating the Electronic Financial Transactions Act; (b) in response to the proposal, the Defendant was able to use the phish card in the crime of Boishing, etc., if the phish card was transferred to the phisher without permission.

Nevertheless, the defendant accepted the proposal of the above name-free box, and then notified the above name-free person of the password of the account of community credit cooperatives (B) in the name of the defendant, and delivered the personal identification number to the door-to-door engineer who sent one copy of the physical card connected to the above account from the car page operated by the defendant in Gangwon-si, Gangwon-si on October 7, 2019.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the detailed statement of deposit transactions and photographs thereof and investigation reports;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Judgment on the Defendant’s assertion under Article 62(1) of the Criminal Act

1. The summary of the claim to the third person.