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

No person shall borrow or lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.

Nevertheless, on December 2, 2016, the Defendant accepted the call from a person who was missing in the name of the police officer to the effect that “to pay KRW 2 million to the owner of the passbook necessary to solve the problem of liquor company”, and received KRW 2 million from the management office of B apartment in Ansan Dong-si, and delivered the physical card to the owner of the above name in the name of the defendant using Kwikset-si service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquiries about transaction details and replies to a warrant of search, seizure and verification;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing): The defendant is recognized as committing a crime and is against the law.

Receiving access media as a consideration for the lending of such access media

It seems that there is no benefit acquired by the defendant due to the crime of this case because it did not receive KRW 2 million.

The defendant seems to live in this case.

There is no criminal history exceeding a fine for the accused.

The crime of this case is not only a violation of the safety and reliability of electronic financial transactions, but also a crime that can be abused as a means of crime, such as telephone financial company, phishing, etc., because the crime of this case lends a access medium for electronic financial transactions.

The access media lent by the defendant was actually used in the second crime and was damaged.

In addition, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and crime.