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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On March 16, 2016, the Defendant received a mobile phone text message from a person who was unaware of his/her name, stating that he/she would have been aware of his/her own name, and sent the mobile phone text message to the person who was unaware of his/her name, with the phone call and received KRW 2 million from him/her. On March 17, 2016, the Defendant used the mobile phone text message to receive KRW 900,000,000 from the person who was not in his/her name. On March 17, 2016, the Defendant used the mobile phone text message from the person who was not in his/her name, to receive the payment for the means of access in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A report on occurrence of loss;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is not likely to be a crime by leasing a means of access that can be used for the so-called Bosing crime or the Internet fraud crime.

It cannot be said that the case is less that the damage occurred due to the actual use of the means of access such as the physical card lent by the defendant for the crime of fraud.

The defendant's mistake is recognized in favor of the favorable circumstances.

The defendant shall be subject to a fine.