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

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on March 3, 2016, the Defendant received a proposal from a person who was in the name of the deceased to “to lend the account to KRW 3.5 million on five days, and KRW 5 million on two weeks.” On the same day, the Defendant sent the head and password, which is linked to the company bank account in his name, at Kwikset-dong, Seoul, Jung-gu, Seoul, to the company bank account (B).

Accordingly, the defendant agreed to receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

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 transferred the instant access media was actually used for the singishing crime, thereby causing damage.

If the defendant did not transfer the access media, it would be difficult for a good decent person to be the victim of a financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has led to an offense and that there is no criminal record of the same kind or of the suspension of execution, and community service shall be ordered in consideration of the aforementioned circumstances.