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

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, the defendant, on December 18, 2017, uses the e-mail card for 10 days per week while lending it to the e-mail and 5 million won.

“On the receipt of the message, “The above name influor and Kakao Stockholm conversation was lent 10 days to receive KRW 5 million in return, notified the passwords of the case bank account (Account Number: B) in the Defendant’s name, and, at around 21:00 on the same day, lent the access media used in electronic financial transactions by delivering the above name influor to the delivery source where one card connected to the above account cannot be identified, in the presence of the “D” coffee shop located in Sinpo City around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage from E’s telephone financial fraud (phishing);

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime may not only harm the safety and trust of financial transaction, but also be abused as a means of another crime. In fact, the Defendant’s lending account was used for fraud.

The circumstances after the crime are not good, such as arbitrarily using the money deposited by fraud.

There is a record of being fined twice due to driving of light drinking in 2016.

The favorable circumstances show the attitude of reflecting one's own mistake, and there are no criminal records of the same kind or suspended execution.

Determination of sentence: The above circumstances and the age, sex, and behavior of the defendant.