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

On August 20, 2017, the Defendant lent access media, such as physical cards, passwords, etc. connected to the account of the National Bank (B), which is an access media to the name in the name, under the condition that 3 million won is received from the front 2 weeks of the 4.15 Y-gun, Gecheon-gun, Gecheon-gun, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Application of Acts and subordinate statutes on details of financial transactions;

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 8,15,32 pages). If the Defendant did not lend the access media, there was no error that people would have become the victim of the financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

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