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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on September 2016, the Defendant lent a physical card to be used by the principal company for the reduction or exemption of taxes from his name in the Defendant’s residence located in the Yan-gu Seoul Special Metropolitan City on September 2, 2016 to KRW 2 million.

“The proposal received and consented to it, and then sent one head of the Postal Card connected to the Postal Account (Account Number: C) under the name of the Defendant to the name in secret and notify the password to Kwikset Service.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A trading statement;

1. Application of statutes on application for opening an account and details of account transactions;

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 concerning the selection of punishment, the selection of imprisonment;

1. Since the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence under Article 62(1) of the Criminal Act leases eck cards connected to the account by receiving a promise to pay, the account was used for the crime of fraud by telephone loan, and in fact, 3 million won was transferred to another account, and most damages therefrom have not been recovered.

However, it is so decided as per Disposition by taking into account the following factors: (a) the defendant's age, sex, environment, and conditions before and after the crime committed in this case, and the defendant also committed the crime in this case because he was aware of the crime in this case; and (b) the first offender who has not been punished so far.