A defendant shall be punished by imprisonment for six months.

However, 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, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant listened to the phrase “to give 500,000 won in return for lending physical cards for three days,” and then sent a physical card connected to the Defendant’s name account under the name of the Defendant in the middle of July 2018, the Defendant sent Kwikseter’s name to the Nonindicted Party through Kwikseter’s service engineer.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions and report on internal investigation (the result of execution of a warrant of search, inspection);

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant lends the means of access with the Defendant’s promise. Such lending of the means of access may not only impair the security and reliability of electronic financial transactions, but also be abused for other crimes, such as singing, etc.

However, there are many kinds of circumstances, such as the defendant's age, character and conduct, economic circumstances, motive, means and consequence, etc., after committing the crime, that the defendant is a primary offender who has no criminal punishment power, that the defendant seems to have no profit from the crime of this case.