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.

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any means of access to electronic financial transactions while receiving, demanding or promising the payment, or keep, deliver or distribute such media.

Nevertheless, on July 20, 2017, the Defendant lent the physical card and password access media connected to the new bank account under the name of the Defendant using Kwikset service to the name-based in return for receiving KRW 2 million from one month in front of Kwikset.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to an application for deposit without passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1)(a) of the Act on the Suspension of Execution of the Criminal Procedure (not setting the sentencing guidelines) is that the Defendant lent the physical card, etc., which is an access medium for his/her own economic interest, to a person without his/her name, for the benefit of his/her own economic interest, the access medium such as the physical card, etc. is highly likely to be used for the so-called “scaming crime,” and in fact, the above physical card was used for the crime of Boscing. In light of the fact that the Defendant’s criminal liability is not less complicated.

However, the defendant recognized his mistake and is in profoundly against himself.

There seems to be no benefit accrued from the crime of this case.

There is no record of punishment exceeding the same criminal history or fine.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, environment, motive, means and consequence of the crime, and circumstances after the crime.