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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, the Defendant, on March 29, 2018, will use 100 million won for 10 days when sending a physical card from a person without his/her name.

"A promise was received, and around 14:00 of the same month, the Kwikset service article sent by the non-persons of the title-based head of the physical card connected to the post office account (C) in the front of the new forest basin located in Guro-gu Seoul Metropolitan Government.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing deposit certificate;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the access media transferred by the defendant was actually used for fraud crime.

However, in light of the fact that the defendant recognized his mistake and is against the defendant, there is no significant penalty history exceeding the same criminal history or fine, and other circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the punishment as the order shall be determined.