A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

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

On November 28, 2017, the Defendant borrowed an account for tax reduction or exemption of liquor company and a check card from a person who is not his/her name in the name of the Defendant in the influent area (hereinafter referred to as the “influent area”) around 3 months, he/she would offer KRW 3 million if he/she lends it to another person.

“On November 30, 2017, the proposal received and consented to it, and thereafter, on November 30, 2017, the head of the Cze Card No. 1 linked to the post office account (Account Number: C) in the name of the defendant before the site of the French service located in the same military and Eup, through Kwikset Service Articles, informed him of the card No. 1 and the password.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of a written confirmation of the results of electronic financial transfer, personal information provision, and Acts and subordinate statutes about details of financial transactions;

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 concerning the selection of punishment, the selection of imprisonment;

1. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are against the mistake.

There is no power of the defendant and there is no profit acquired by the defendant.

0 Unfavorable circumstances: The instant crime is highly likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions, so serious punishment is required.

A victim was actually employed in the phishing crime by the Defendant’s cream card.

0 Other circumstances such as the defendant's age, sex, family relationship, records of crime, circumstances of this case, and the future progress.