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 one shall borrow or lend any means of access to electronic financial transactions while receiving, demanding or promising the payment, or keep, deliver or distribute such media.

Nevertheless, on September 21, 2017, the Defendant lent a accessible medium, such as physical cards, passwords, etc. connected to the Defendant’s Saemaul Bank Account (B) in the name of Kwikset, using Kwikset’s service, under the condition that the Defendant received KRW 3 million from the 258 Maok-dong, the 258 Maok-dong, the Gyeonggi-si, the Yangju-si, the 201.

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 to the verification of transfer transactions and the written statements of the Saemaul Treasury's response materials;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 to commit the phishing fraud (Evidence Nos. 6, 11, 15 pages). If the Defendant did not lend the access media, a person who did not have any error would not become the victim of the financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant is against himself/herself while making a confession of the crime, the fact that there is no previous conviction, and the access media lent are about one account, but community service shall be ordered in consideration of the above circumstances.