Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on November 2017, the Defendant would pay 3 million won per month when he/she lent a physical card to be used as a refund account of a game site from a person in an infinite's name to a person without his/her name, and return the card after three months.

“In response to the proposal, the “C hospital” located in Ansan-si, Seoul-si, and around that time, Kwikset Service Employees in front of the “C Hospital” located in Ansan-si, and one head of the physical card connected to the Nong Bank’s account in the name of the Defendant, and notified the name-oriented winners of the password of the physical card by telephone.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. E/certificate of deposit;

1. Search and seizure inspection warrant, detailed statement of entry into and departure from financial accounts, and application of Acts and subordinate statutes subject to reporting on investigation;

1. The pertinent legal provision regarding criminal facts, Article 49 subparag. 2 and Article 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions, and Article 6 subparag. 2 of the Act on Electronic Financial Transactions, the lending of a medium of access to the reasons for imposing punishment of imprisonment with prison labor, is inevitable when it is used for systematic fraud, thereby causing multiple victims.

In this case, the victim occurred by lending the access media by the defendant.

In particular, since the defendant was at the disadvantage of money during the period of probation as a crime of fraud, he did the above act, and in particular, he did not recover the damage even after he withdrawn and used the money, he should be punished with severe punishment.

Provided, That the defendant shall be sentenced to the punishment as ordered in consideration of the circumstances without the same criminal history.