A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 request or receive a payment for the price, a password, and a passbook necessary for using the e-mail card, which is a medium access to electronic financial transactions issued by a financial institution, while demanding or promising to receive the payment.

Nevertheless, on November 2017, the Defendant received the text message stating that “a small amount of loans may be granted to bad credit holders,” and promised that “if a card is transferred, only one month shall be used, and the card rent of 300 to 40 million won shall be pre-paid.” On November 20, 2017, the Defendant sent the physical card connected to it to the Defendant’s residence, including the password of the Saemaul Treasury Account (Account Number: C) in the name of the Defendant, at the Defendant’s residence located in Ycheon-si, Chuncheon-si, B, around November 2017.

As a result, the defendant promised to receive compensation, and lent an access medium to the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the certificate of transfer confirmation and report on internal investigation (attached to a search and seizure warrant or reply);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, as in the instant case, is that the distributed access media is used as the means of the so-called Bosing crime or the means of delivering illegal Internet gambling funds. The accounts connected to the access media leased by the Defendant were used for Bosing crime, the Defendant was aware that the access media was used for illegal acts, such as tax evasion, etc., and the Defendant was subject to criminal punishment of fines.