However, the execution of the above punishment 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 other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on February 14, 2017, the Defendant promised to receive KRW 3 million from a person who has no name, and delivered a physical card connected to the account (D) of the name of the Defendant to a person who has no name, at the C convenience store located in the Steel Group B, around February 14, 2017.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute, such as the NongHyup Statement of Transactions and Account Transactions in Defendant’s Name;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for phishing purposes, and the victims were generated, and the amount of damage was considerably high (Evidence No. 12,27 pages). If the Defendant did not lend the access media, decent people did not have to become the victim of the financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to an offense, the same criminal record or the suspension of execution has no criminal record or more, and the lent access media relates to one account, and community service shall be ordered in consideration of the above circumstances.