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 lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On May 11, 2017, when the Defendant sent a passbook from a person in the name of the deceased, the Defendant promised to receive the Kakao Stockholm text message with a monthly rent of KRW 3 million, and then, on May 16, 2017, at around 16:00, the Defendant sent one copy of the Kakao Stockholm card connected to the account of the Daegu Bank (Account Number D) in the name of the Defendant and lent the password to Kwikset through Kwikset, and then lent the access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. In light of the fact that the Defendant’s instant crime with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions, and that the cream card leased by the Defendant was actually used for actual fraud, it is necessary to strictly punish the Defendant.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined by comprehensively taking into account the following facts: the defendant reflects the mistake, there is no history of punishment, the defendant seems to have no profit from the crime of this case, and the fact that there is no profit from the defendant.