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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card or other similar electronic information, certificate, password, etc. used in electronic financial transactions.

Nevertheless, on May 27, 2018, the Defendant received a proposal from a person without his/her name to the effect that "on the face of a person operating a sports climate, who lends a physical card to use for the purpose of tax reduction and exemption, to KRW 3 million if he/she lends it to another person." On the following day, at around 18:50 of the following day, the Defendant sent a copy of the physical card connected to the Saemaul Bank Account (Account Number: B) in the name of the Defendant via Kwikset-si’s services in the name of the Defendant, in front of the Youngcheon City View-si, the 16th day of the following day.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A statement of account transfer;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing of Article 62(1) of the Act on the Suspension of Execution is likely to be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. Therefore, it is necessary to severely punish the crime.

In addition, the fact that the access media that the defendant lent was actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant reflects the wrong, seems to have failed to gain specific benefits from the crime of this case, the leased cream card is only one, there is no same kind of power, and other favorable circumstances such as the defendant's age, occupation, sex and environment, motive, circumstance, and consequence of the crime.