A defendant shall be punished by imprisonment for not less than eight 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

[2018 Highest 2972] On July 9, 2010, the Defendant is a person who violated the provisions on the prohibition of drinking under the influence of alcohol at the Seoul Eastern District Court (Seoul Eastern District Court) by issuing a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and on March 13, 2015, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at least twice.

On August 10, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven CSP car under the influence of alcohol of about 0.135% in the section of approximately 2km from the 7 km-gu, Mapo-gu, Seoul to the roads adjacent to the exit 7-gu, Mapo-gu, Seoul to the front road of the same Gu.

In using and managing the means of access, no person may transfer or acquire the means of access, or lend or receive the means of access in return for promising to receive compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around 14:00 on August 22, 2018, the Defendant promised to receive KRW 600,000 per head of Mapo-gu Seoul Mapo-gu (Seoul) in return for the lending of the 3-day e-mail card, and issued two copies of the e-bank account (F) and G bank account in the name of the Defendant, respectively, to the party in whose name the e-bank account and notified the password of each of the above e-mail card.

As a result, the defendant promised to receive compensation and lent the means of access to his name in return.

Summary of Evidence

[2018 Highest 2972]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and summary order (2019 order, 95);

1. Defendant's legal statement;

1. Application of the response statutes to requests for information on financial transactions;

1. Relevant Act on criminal facts and the means of access under Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking) and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act.