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 expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, on January 9, 2017, the Defendant received a text message stating that “3 million won will be given monthly commission for lending an account.” On February 9, 2017, the Defendant consulted with an unclaimed person who sent the above text message to make a distributed account because of a large amount of commission, and agreed that “I will pay 3 million won per month if I borrowed a check card connected to the account. I will pay 3 million won per month.” On February 9, 2017, I sent Kwikset service engineer who sent the above name unclaimed to C in front of the road located in Daegu-gu, Daegu-gu, 200, with the name of the Defendant’s new bank account entered in the name of the Defendant.”

As a result, the defendant promised to receive the price and used the electronic financial transaction access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authenticity and written statements;

1. Receipt for account transactions, details of account transactions, and application for loan transactions;

1. Search and seizure inspection warrant and reply materials;

1. Application of Acts and subordinate statutes to report on investigation (specific date and place of crime);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the criminal defendant is against his/her will and there is no past record of punishment exceeding