However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

No person shall transfer or acquire any means of access, such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, or borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation therefor.

On August 17, 2016, at the office of the Defendant’s company (C) operated by the Defendant, on August 17, 2016, the Defendant received a mobile phone text message stating that “D Company E is a company specialized in leasing heavy equipment, and that “I will be able to use up to 200,000 won for the purpose of tax reduction and exemption.” The Defendant received the mobile phone text message from the Nonindicted Party’s name and sent the phone text message to the said Nonindicted Party by telephone and received KRW 2,00,000 per physical card. On the same day, the Defendant received the request of the Nonindicted Party’s name and received KRW 504,00 from the Defendant’s company, and sent two physical cards to the Defendant’s bank account (F), one bank account (G, and the old bank account) account to the said Nonindicted Party, and then lent the account number and password to the said Nonindicted Party by providing the means of access to the said financial transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. An investigation report (Attachment to a closure photograph or output of the Stockholm text);

1. Application of Acts and subordinate statutes on details of financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing) is that the crime of lending the means of access to the instant case is an essential means to achieve the purpose of the Bosing fraud crime.