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 borrow or lend a means of access while receiving, demanding or promising compensation.

On January 16, 2018, the Defendant: (a) received text messages from the indivists to “to pay KRW 3 million in return for the lending of the account; (b) agreed to lend the personal check card in the name of the Defendant to the indivists; and (c) on the same day, at C located in Heung-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, the C sent a physical card connected to the DNA bank account (E) in the name of the Defendant to receive the price from the indivists through Kwikkset service, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. A written statement;

1. Application of statutes on customer information investigation lists and details of transactions of entry and withdrawal;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the instant pleadings.

Sentencing factors: The fact that the crime is recognized and closely reflects on the fact that there is no previous one, the fact that the defendant has fully returned the amount of damage to the victim after the occurrence of fraud: the means of access leased by the defendant was actually used for the loan fraud crime: the defendant intended to acquire profits by transferring the amount of fraudulent damage deposited in his account to another account in his/her name; the existence of the so-called large one passbook is essential for various types of crimes, such as the crime of Bosphishing fraud; and the use of such large one passbook is widely known to the general public, so preventing recurrence of similar cases through strong punishment for its supply.