A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, on November 1, 2016, the Defendant: (a) received text messages stating that he would offer money from a person without his name to a third party; (b) lent a accessible medium; and (c) received cash from November 6, 2016 to receive KRW 1.5 million from the street in front of Daejeon U.S., Daejeon U.S. No. B 101 on the street; and (c) delivered one physical card from the Kwikset Bank’s account (Account Number: C) to the above person without his name via Kwikset Service.

As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the provision of financial transaction information (- inquiry into personal information of customers, including certificates of deposit transaction records);

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 [Consideration of sentencing conditions, such as confessions, the records of crimes (before and once a fine for this offense), the background leading to the crimes, the methods and means of committing the crimes, the circumstances after the crimes, and other circumstances after the crimes, the age of the accused and the sexual conduct];