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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on April 10, 2018, the Defendant loaned KRW 6 million if he sent the e-mail card from a person who is not his name, at C's home line located in the Gu-gu B for a around 18:00 on April 10, 2018.

"To receive the commitment, I sent a e-mail card connected to the Defendant's new bank account (E) in the name of the Defendant D to G in Dongdaemun-gu Seoul, Dongdaemun-gu and sent a password by telephone.

As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to remittance receipts or financial information reply data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the access media transferred by the defendant was actually used for fraud crime.

On January 10, 2018, the Defendant committed the instant crime even though he had a record of being subject to a disposition by the Incheon District Public Prosecutor's Office on the charge of violating the Electronic Financial Transactions Act.

However, the punishment shall be determined as ordered in consideration of the various circumstances shown in the pleadings of this case, such as the fact that the defendant recognized the mistake and reflects, the fact that there is no record of criminal punishment, and the age, sex, environment, motive and consequence of the crime, and the circumstances after the crime.