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 person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on October 13, 2016, the Defendant offered a proposal that he would offer 2 million won per share account from a person who was in the name of the Defendant to lend a physical card. On October 17, 2016, the Defendant sent it to a person who was unable to know the above name through Kwikset-line 2, linked to each Daegu Bank Account (Account Number B and C) of the Defendant’s name, around 2:0 on October 17, 2016, at around 15:0, 2016.

As a result, the Defendant promised to receive the price and used the approaching media respectively.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of statutes on the certificate of transfer confirmation and details of account transactions;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the access media that the defendant lent was actually used for the fraud crime;

It is an unfavorable circumstance to the defendant that the defendant directly sent the amount of damage deposited by the defendant to the phishing fraud.

On the other hand, the defendant shows the attitude of reflecting the mistake in the investigative agency, the damage caused by the crime of this case is not significant, and the defendant did not gain any profit due to this, and the defendant is the first offender who has no criminal history.