A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on July 20, 2017, the Defendant believed the horses of the boxes, “To use the passbook for three days on the face of a week from the lending of the passbook, and to offer KRW 2 million,” at his own residence, which had been linked to the No. 3 of the No. 302, to the accounts of the Agricultural Cooperatives and the No. 3 of the Agricultural Cooperatives (D) and added the password using the Kakao Stockholm.

Accordingly, the Defendant lent an access medium while receiving, demanding, or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A copy of remittance receipt or remittance receipt;

1. Answers to the execution of a warrant of search and seizure (No. 5 No. 5 of the evidence list);

1. Application of a copy of a bankbook, details of transactions of bankbooks, and statutes on passbooks;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under the main sentence of Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) unfavorable circumstances, such as the fact that the access media leased by the defendant were used for committing the phishing fraud; (b) favorable circumstances, such as the fact that the defendant recognized and reflected the crime; and (c) other favorable circumstances, such as the defendant’s previous conviction, age, family environment; (d) motive and circumstance of the crime; (e) the number of lent access media;