A defendant shall be punished by imprisonment with prison labor for up to six 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

In using and managing a means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions, no one shall lend any means of access with compensation or lend any means of access in return for compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around January 2014, the Defendant reported the advertisement related to the passbook at the Internet site, and received the proposal that “to request the passbook to be used as a monthly-level passbook, and to pay 100,000 won per month if the passbook and card are lent.” On the same day, the Defendant issued two passbooks and two cash withdrawal cards in the name of the Defendant’s agricultural bank account (Account Number: B and C) and lent the means of access in the electronic financial transaction to the bearers for consideration by receiving cash of KRW 20,000 from the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the account transfer statement, transfer statement, and reply details of transactions to statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (Amended by Act No. 13069, Jan. 20, 2015)

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that there is an peny, that there is no record of punishment for the same kind of crime and that there is no record of punishment heavier than the fine)