However, the execution of a sentence 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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

The Defendant listened to the phrase “B to provide KRW 6 million in the month when he/she lends the passbook,” and around February of 2017, at the coffee shop located in the Geumcheon-gu Seoul Metropolitan Government German-dong, Geumcheon-gu, Seoul, issued a passbook, check-up card, and OTP card connected to the Defendant’s Saemaul Bank Account (Account Number: C) to “B.”

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Written petition for DNA preparation;

1. Domestic investigation report (related to the A Saemaul Account);

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (a point of lending access media and 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 is not likely to be committed by leasing the so-called Bosing crime or the access media that can be used for Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The defendant's act of withdrawal with a eck card is heavier than that of the crime.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The above circumstances and the details of the Defendant’s commission of the instant crime, the method and contents of the crime, the circumstances after the crime, and other circumstances, including the Defendant’s age, sex, environment, etc., are all the conditions for sentencing as shown in the records and arguments.