A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On September 20, 2017, the Defendant promised to receive the payment from the person who was the weak employee of the cosmetics to “to recruit a gold-free employee temporarily in office in the Gyeongbuk-do, and to pay a total of three million won per month when using the accounts under the name of the temporary employee for about three months in the business affairs,” and then, sent a physical card connected to the national bank account under the name of the Defendant through Kwikset Service, and notified the password.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on details of deposit transactions and details of deposit and withdrawal transactions;

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 concerning the selection of punishment, the selection of imprisonment;

1. In light of the following: (a) the Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution may not only harm the safety and trust of financial transactions, but also abuse leased cards, etc. as a means of other crimes; and (b) the Defendant’s cream card, etc. leased by the Defendant was used for actual fraud, it is necessary

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, reflects the defendant's mistake, there is no criminal conviction of the same kind, the defendant seems to have no profit from the crime of this case, and the defendant's age and sexual conduct, shall be determined like the order.