A defendant shall be punished by imprisonment for four 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 one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On July 2017, the Defendant agreed to receive 5% of the deposit amount on the face of a credit card from an unsatisfyer’s name, and agreed to receive compensation from the Defendant. On July 21, 2017, on July 21, 2017, the Defendant sent to an unsatisfyer a copy of the physical card connected to the new bank account (B) in the name of the suspect at the Daegu High Bus Terminal located in Seo-gu, Seo-gu, Seo-gu, Seo-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of the withdrawal transactions and the application of the Acts and subordinate statutes governing the withdrawal and withdrawal 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, the selection of imprisonment with prison labor;

1. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, the access media leased by the defendant was used for the phishing crime.

In addition, in light of the fact that the damage of the victim is not completely recovered, the criminal liability of the defendant is not weak.

However, the defendant is the first offender, and his mistake is divided and seriously against him, and the defendant was unable to obtain a substantial benefit from the crime of this case, and the damage amount of the singing crime is relatively small (28 million won), and other circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.