A defendant shall be punished by imprisonment for not less than five months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 6, 2019, the Defendant received a proposal from a person who has no name, stating, “on the face of sending the check, five million won will be loaned.” On the same day, the Defendant’s house located in B of the Defendant in the following day in accordance with the direction of the person who has not received the above name, and notified Kwikset service article of the password to the Defendant’s account of securities (Account Number D) in the name of the Defendant, and notified the person who has not received the name.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Details of financial transactions and E dialogue;

1. Application of Acts and subordinate statutes on response documents;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized the crime and reflects the fact that there is no record of criminal punishment, and that the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case requires strict punishment because it infringes on the trust in electronic financial transactions and lending the means of access is highly likely to be used for other criminal acts. The means of access that the defendant lent seems to have been used for the crime such as scaming fraud, etc. In fact, even if the defendant transferred an electronic financial transaction medium even before the transfer of it and received a prior notice of suspension of indictment, the fact that the defendant committed the crime of this case is committed the crime of this case that is disadvantageous to the defendant, considering the defendant's age, character and conduct