A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

No person shall borrow or lend a means of access in the course of receiving, demanding or promising the payment in electronic financial transactions.

On or around August 6, 2018, the Defendant received text messages stating that “money would be lent from a person without a name,” and around August 8, 2018, the Defendant intended to use the bank account to save taxes by posting a phone to the person with no name, who was named, around August 8, 2018. When sending a physical card, the Defendant accepted the message with the instruction to the effect that “the person with no name, who is an employee of the liquor company, will receive KRW 1 million per unit on condition that 30,000,000 won will be provided.” On the same day, around 12:00 of the same day, the Defendant promised to lend the means of access to the bank account under the name of the Defendant to Kwikset delivery officers prior to his residence, Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and C, with each account number and password attached to each post office account (F).

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A reply to a request for financial information, such as a certificate of confirmation, an inquiry note of details of transactions at entry, details of account transactions, and reply;

1. Application of Acts and subordinate statutes on account details;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s crime of this case committed is committed with the promise of compensation and the lending of the means of access by financial institutions, and each of the above means of access was actually used for the crime of Bosing and causing damage therefrom, and the Defendant has the record of being punished for the violation of the Electronic Financial Transactions Act.

However, the defendant, who became aware that all of the crimes in this case are recognized and against the defendant, and that the means of access was used for the crimes in Bophishing, reported the accident.