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 used in electronic financial transactions in return for consideration.

On December 14, 2017, around 18:00, the Defendant used another person’s account due to tax issues arising out of his name and in the presence of C in Gwangju North-gu, Gwangju-gu.

The phrase, “to give KRW 3 million per account for one account”, upon receipt of a proposal, delivered each physical card connected to the two new accounts under the name of the Defendant to Kwikset Services.

As a result, the defendant promised to receive the consideration and used the approach media for each other.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A detailed statement of deposit, an application for bank transaction, and account transaction;

1. Investigation reports (Attachment of Account Transactions Details in this case) and the application of the new Acts and subordinate statutes on banking transactions attached thereto;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

There are no criminal records which exceed the same kind of criminal records or fine.

Unfavorable circumstances: The access media leased by the Defendant was used for the crime of fraud (a total amount of KRW 9 million is deposited). The so-called large passbook is essential for various types of crimes, such as the phishing fraud.