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A defendant shall be punished by imprisonment for six months.
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.
Reasons
Punishment of the crime
1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium, in receiving, demanding or promising any access medium;
Nevertheless, on January 17, 2018, the Defendant: (a) obtained a letter from a person without his name to pay KRW 2,50,000 or KRW 3,00,000 for each card on condition that he/she lent his/her check to a person without his/her name; and (b) around January 23, 2018, the Defendant lent a copy of the check-line, which is a access medium connected to the national bank account (Account D) in the name of the Defendant, by using the home-line at the business office in the city of Cheongju-si Party C located in Cheongju-si, Cheongju-si.
2. The Defendant became aware that, on January 24, 2018, KRW 6 million was deposited in the account set forth in paragraph 1 at around January 24, 2018, and immediately withdrawn, the physical card set forth in paragraph 1 was used for the commission of phishing fraud.
Nevertheless, the Defendant, on the premise that he would have withdrawn the defrauded's defrauded money deposited in accordance with the phishing crime by a nameless person, did not take such measures as reporting the loss of the cam card or reporting to the police, so that he can continue to use the cam card and the cam card for the caming crime by a nameless person.
On January 25, 2018, the above name Buddhistist stated that “In order to make a prior settlement of Samsung Card trading, he/she shall transfer KRW 1.2 million to the account known to him/her,” and that he/she received KRW 1.2 million from the injured party to the account indicated in paragraph 1 in the name of the defendant, and the Defendant transferred approximately KRW 1.2 million to the No. 1,200,000 in the name of the defendant around 10:59 on the same day after January 19, 201, the Defendant transferred approximately KRW 1.2 million to the No. 3,200 in the name of the defendant.
Accordingly, the defendant's nameless person continues to use the above physical card for the crime of Bosing.