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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing the access medium, and lend or take over such an access medium.

Nevertheless, the Defendant listened to the speech that he lends KRW 1,00,000 to the account from a person who is not a person in the name of the Defendant through the land owner C, lent a medium of access to the account to acquire cash. On August 2017, the Defendant sent the cash card and the cash card connected to the national bank account (D) in the name of the Defendant to the above C through the above C, and notified the password of each of the cash cards by sending the cash card connected to each of the above accounts under the name of the Defendant to the non-person in the name of the Defendant through the above C and informing the password of the password.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to F, G, and H;

1. Application of the statutes that describe the details of transactions of deposits and withdrawals;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used to commit the phishing fraud and the victims were generated (Evidence No. 20, 116 pages). If the Defendant did not lend the access media, a person without any error is financial fraud.