A defendant shall be punished by imprisonment for six 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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on December 2, 2017, the Defendant received the text message stating that “I will give KRW 700,000 per day to a liquor company,” from a person in the name of the Defendant, for three-day lending the passbook, and contacted with the above person in the name of the Defendant on January 2, 2018, and sent it to the above person in the name of the Defendant using the check card connected to the Saemaul Bank Account (Account Number B) in the name of the Defendant and one copy connected to the Defendant’s Saemaul Bank Account (Account Number B) in the name of the Defendant’s wife C (Account Number:D).

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 for E;

1. Written complaints and statements prepared by the F;

1. The result of execution of warrant (A Account Transactions, etc.);

1. Application of Acts and subordinate statutes to inquire about certificates of deposit verification and details of liquidity transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions 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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, two approaches are leased by one defendant, and all of them are actually used in fraudulent crimes, which are disadvantageous to the defendant.

On the other hand, the defendant reflects the wrong, and seems to have failed to obtain particular benefits from the crime of this case, and the defendant has no criminal record for the same kind of crime.