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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 12, 2019, the Defendant received a proposal from a person who has no personal name to the effect that he would lend KRW 25-30,000 to another person's bank account in the name of the Defendant, and consented to the loan of KRW 25-3,000 per week if he borrowed the passbook in the name of another person due to a three-party problem. Around that time, the Defendant sent the passbook, password, and the OTP card connected to the Daegu bank account in the name of the Defendant in the Dong-gu Intermodal Transfer Center located in 149, Daegu-gu Dong-ro, Daegu-ro.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A petition prepared by C;

1. Application of Acts and subordinate statutes on response details by financial institutions;

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 selection of fines;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: The Defendant promised to lend the check card in return for the expected interest of future loans.

The crime was committed during the period of suspended execution.

The means of access lent was used for fraud, causing actual damage.

The defendant is recognized to commit a crime in favor of him.

Some of the damages have been refunded due to the suspension of payment.