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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, the Defendant, in the Daegu Suwon-gu, Daegu-gu, around September 18, 2017, lent 3 million won to the account as it is necessary for another account to reduce the value added tax.

“A” in receiving contact and consenting thereto, sent a physical card connected to the Saemaul Treasury Account (Account Number: E) in the name of the Defendant to his/her name in return for the promise of informing Kwikset of his/her password and lending an access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to confirm the results of transfer, pictures of text messages, and details of replies;

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. 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 fact that the access media that the defendant lent was actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant reflects the wrong, seems to have failed to obtain specific benefits from the crime of this case, the leased cream card is only one person, the defendant has no criminal record for the same kind of crime, and other favorable circumstances, such as the age, occupation, sex and environment, motive, circumstance, and consequence of the crime.