A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on July 24, 2018, the Defendant received a proposal from a person who assumes a false name called “B” company “B” company through the Kakao Stockholm via the Kakao Stockholm, and consented to the loan by making it as if he had income by repeating the check and return of the check, and then sent a copy of the physical card connected to the personal compromise account (Account Number: E) under the name of the Defendant at around July 24, 2018.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the Kakao Stockholm messages, a photograph, a mertogram, a statement of transfer to a company bank, a list of new union customer information, a statement of transaction, a Kakao Stockholm conversation, and a statement of transaction details;

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 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, even though the access media that the defendant lent was actually used for fraud crime, damage occurred due to the defendant's lending of physical cards to another person even around August 2015, the crime of this case is also committed even if there was a record of investigation conducted by the investigative agency.