A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions.

Nevertheless, on February 24, 2017, the Defendant received a proposal to the effect that “I will give KRW 1,00,000 per account on condition that I will use the passbook for 3 days without the attendance and call during the middle of 2,000,000 won per the account,” from a person in the name of the morning, and then accepted the proposal, around the same day, Guro-gu Seoul Metropolitan Government, by inserting one head of the physical card connected to the new bank account (C) in the name of the Defendant in Guro-gu and the National Bank Account (D) and sent Kwikkset through Kwik’s service, and notified the password of each of the above physical card by telephone.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions in a new bank, and on account transactions in a national bank;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively considering the fact that the defendant reflects his/her mistake in depth, the fact that there is no previous criminal conviction or more than the suspension of execution, and the conditions of sentencing as shown in the records and arguments.