A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

No person shall lend any access medium, or store, deliver or distribute any access medium with the promise of compensation in using and managing the access medium of electronic financial transactions.

Nevertheless, on August 22, 2016, the Defendant received a written message stating that “The Defendant will grant a prior payment of KRW 2,00,500,000 to 2 weeks of lending a e-mail card from a person without his/her name,” and promised to receive KRW 5,00,00 in return for communicating two accounts to a person without his/her name and lending two accounts. On August 23, 2016, the Defendant, around 18:00, in the front of Songpa-gu Seoul, Songpa-gu, Kwikset’s service, sent each e-mail card from the bank account in the name of the Defendant (Account Number: C), Skset (Account Number: D), and lent a access medium by notifying the password.

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 on financial transaction information, agreement on lending physical cards, and Kakao Stockholm details;

1. Relevant Article of the Act and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the Selection of Criminal Facts (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including reflectivity, the fact that there is no criminal record of a suspension of qualification or more severe punishment, the family environment of the accused, support relationship, etc.);