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

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

Nevertheless, on May 2020, the Defendant received a proposal that “I would give a loan if I wish to send a physical card,” from a person who misrepresented the team leader of B company C on the 31st of the same month. On the 31st of the same month, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, sent a physical card connected to the Defendant’s bank account under the name of the Defendant (E) via Kwikset Service Articles, and notified the password to Kwikset.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Application of Acts and subordinate statutes to the remittance of damage incurred by the police statement to F of the defendant's legal statement;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is serious in that the act of lending the means of access is used as a means of crime, such as lending fraud, etc., and thus, the crime is not good, the means of access of the accused has been used as an actual crime, and the accused has a record of being suspended from indictment once for the same crime.

However, considering the favorable circumstances, such as the confession of the defendant, the defendant committed a crime with the care of the speech of a person without the name that the defendant would cause a loan, and there is no benefit from the actual acquisition, the fact that there is no record of criminal punishment, the age, character and conduct, environment, and the number of means of access that have been leased, the punishment as ordered shall be determined as stated in the records.