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.

On January 31, 2018, the Defendant borrowed one account of the head of the Tong to be used for the large volume of value added tax and the distribution of transaction performance from a person who was in a name in the name of the Defendant on January 31, 2018, 2.8 million won, 2.6 million won, and 3.9 million won in advance.

“After receipt of the proposal,” around February 5, 2018, at the request of the Defendant’s office located in the Jung-gu Seoul Metropolitan City, Jung-gu, Seoul Metropolitan City, one head of the physical card linked to the Defendant’s name bank account (Account Number: D) in front of the Defendant’s office, through Kwikset Service Articles, informed him of the nameless person and the password.

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. E statements;

1. Confirmation of the request for deposit, details of entry and withdrawal transactions, customer information files, applications for membership of personal member of a credit card company, and application of Acts and subordinate statutes on union 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, the selection of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is abused as a means of crime, such as singinging, etc., as well as impairing the safety and trust of financial transactions. In light of the fact that the cream card delivered by the Defendant was used for the actual crime of fraud, it is necessary to strictly punish the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, reflects the defendant's mistake, there is no record of the same type of punishment, the fact that the defendant seems to have no profit from the crime of this case, and that there is no profit from the defendant.