A defendant shall be punished by imprisonment for six 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 other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing the access medium, and lend or take over such an access medium.

Nevertheless, the Defendant received a phone from a person in the name of the defendant who borrowed an account of KRW 2 million, and lent the access medium to the account to acquire the cash. On June 2017, the Defendant sent the card of the SC bank account (Account Number B) in the name of the defendant to the person in the name of the defendant, and sent the password to the person in the name of the defendant in the name of Kwikset Service delivery at 10th page 485, Gangseo-gu, Seoul, Gangseo-gu, Seoul, to the delivery center of Kwikset Service in a way that he gives it to the person in the name of the defendant.

As a result, the Defendant promised to pay for 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 to a written confirmation of details of transactions of deposits and withdrawals, and details of account transactions (8-1 times as evidence);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for the phishing crime, and the victim was the victim.

If the defendant did not lend the access media, no erroneous person would be the victim of the financial fraud crime.

Therefore, the defendant will be sentenced to imprisonment.

However, the defendant is living against himself while making a confession of crime.