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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the Defendant, on March 20, 2018, proposed that he/she would use the check for three days if he/she borrowed it from a person who had misrepresented his/her staff member of a liquor company, and would make payment for the price of two million won. Accordingly, he/she sent a physical card connected to the Defendant’s name (B) account through Kwikset service that sent the nameless winners in the vicinity of the Defendant’s residence located in Daegu-gu, Daegu-gu, through Kwikset’s service, and lent the access media of financial institutions by entering the password of the account into the back of the card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transactions and receipts;

1. Application of statutes, such as written applications for transactions and details of transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The following conditions shall be determined as per the disposition, taking into consideration the following circumstances: The Defendant’s access media that was leased to the Defendant recognized and contradictory to the circumstances that are favorable to the Defendant for committing the fraud: the primary offender; the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and the circumstances shown in the argument in the instant case, such as the circumstances after the crime.