A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On January 16, 2019, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Western District Court, which became final and conclusive on February 27, 2019.

【Criminal Facts】

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.

However, around May 2018, the Defendant accepted a proposal that “if you send a physical card, you will borrow a loan by piling up transaction records,” and then delivered one physical card connected with the Defendant’s name C(D) on June 26, 2018 from the first floor of the public announcement center in Ansan-si around 12:30, 2018, through Kwikset service articles.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Data on personal financial transactions and replies of financial institutions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (determination of a suspect's separate judgment);

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 latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records and arguments, including the circumstances after the crime.

Unfavorable circumstances: The lending of a means of access not only undermines the stability and trust of electronic financial transactions, but also provides other means of crime, such as singing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the defendant is visible.