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 lend any access medium used in electronic financial transactions in return for consideration.

Nevertheless, the Defendant, on March 13, 2018, lent 3 million won per week, and 6 million won per week, for five days, from a person without his/her name in a non-fluence place in Gwangju (hereinafter referred to as "Seoul") at a non-fluence place.

“In response to the proposal, Kwikset’s use of Kwikset’s service at the mutual infinite coffee shop located in the Hoju-dong-gu, Gwangju at the same time on the same day, sent the physical card connected to the account (B) opened in the name of the above party to the name Buddhist, and informed the password of the above account by telephone.

As a result, the defendant paid the price to the third party for the lending of access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transfer verification and financial transaction information;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

It is the first crime.

Unfavorable circumstances: The access media leased by the Defendant was used for the crime of loan ice fraud (the damage amount to KRW 4.7 million). The so-called large passbook is essential for various types of crimes such as the crime of loan phishing fraud, and the use of such large passbook is widely known to the general public.