A defendant shall be punished by imprisonment for not less than two 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.

Criminal facts

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing access media for electronic financial transactions.

However, on November 29, 2017, the Defendant: (a) received a proposal from a person under his/her name, stating that “The Defendant would pay KRW 3 million in the face of a week from the lending of a physical card for the reduction of or exemption from corporate tax; (b) sent a copy of the physical card connected to the national bank account (C) in the name of the Defendant on November 29, 2017 through Kwikset service articles, and lent the access medium by informing the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (attaching materials replyed as a result of execution of a warrant of seizure);

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (or choice of imprisonment);

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act / [favorable circumstances] The reason for sentencing under Article 62(1) of the Criminal Act / [The reason for the illegal lending of the defendant is used for the crime of telephone financing fraud, and there is no benefit obtained by the defendant / there is no benefit of acquiring it / The crime of livelihood, social relationship clear, and the detention of the defendant /