1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence 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 access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On September 2016, the Defendant: (a) received a proposal from the Defendant stating that “3 million won is to be paid every month on a face-to-face check, etc. from an account to sell and sell game money; (b) made a call using the above number to receive three million won in return for lending the physical card in the name of the Defendant; and (c) around September 20, 2016, around the office of “B,” a company located in Gangseo-gu Seoul Metropolitan Government, a company located in Gangseo-gu, with Kwikkwikset’s service, sent the passbook and the physical card in the name of the Defendant to the above needy person via Kwikset’s article to notify him of the passbook and the physical card in the name of the Defendant and to receive the password in the electronic financial transaction, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of the accused;

1. Statement made by the police against D;

1. An investigation report (a copy of a receipt), receipt;

1. The application of Acts and subordinate statutes to investigation reports (related to the execution of a warrant of search and inspection) and financial information reply materials;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that: (a) the Defendant knowingly committed the instant crime with the knowledge that the lending of access media was illegal; and (b) the amount of damage from the Defendant’s account to the Defendant’s account exceeds KRW 9.410,000,000,

However, the defendant's confession of the crime of this case reflects his depth, and additionally damaged the defendant's lending of the access medium by applying for the suspension of transaction of the passbook.