A defendant shall be punished by imprisonment for four 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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, the Defendant, on July 2018, uses 50,000 won for three days a day on which he leased the cream card from a person who was in a name of the police officer on his own.

The “C-type,” which is located in Ansan-si B, around August 10, 2018, entered into a contract to lend the e-mail card to a nameless person. On August 10, 2018, Kwikset service provider, one copy of the e-mail card, which is an access medium necessary for electronic financial transactions in the name of the Defendant, was placed in the nameless person through Kwikset service article.

As a result, the defendant promised to receive the price, and lent the access media necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A certificate of deposit confirmation and reply data on credit cooperatives;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to the Kakao Stockholm dialogue between suspect A and Cze Card Leaseers);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as another means of crime for the transfer and lending of access media for electronic financial transactions. In this case, even if the access media leased by the Defendant was used for the phishing crime, damage was inflicted.

However, the defendant recognizes his mistake and is against his will.

The defendant seems to have no profit from the crime of this case.

The amount of damage caused by the phishing crime was not withdrawn.

There is no particular criminal offense against the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, the means and consequence of the crime, the number of the leased access media, and the circumstances after the crime.