A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 November 14, 2016, the Defendant was promised to pay 3 million won per month on the face of lending the passbook from a person who is in the name of the defendant, and then, on the 16th day of the same month, the e-mail card connected to the company bank account (B) was sent to the person who is in the name of the defendant.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes that describe account transactions details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for Bosing phishing purposes, thereby causing approximately KRW 6 million damage (Evidence No. 6, 11 page). If the Defendant did not lend the access media, decent people would not have become the victim of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to an offense, the fact that there is no previous conviction, and the lent access media relates to one account, and community service shall be ordered in consideration of the above circumstances.