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, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on June 20, 2017, the Defendant received a proposal from a person without the name of the deceased in the name of the deceased, stating that he/she would offer three million won per month if he/she lends an account to operate shopping mall, and then notified him/her of the password connected to the account (C) and (D) of the name of the Defendant as a telephone, and then, around 14:00 of the same day, he/she substituted two physical cards connected to the above account by the article of Kwikkset Service, which was sent by the above person without the name of the deceased in the Gangnam-gu Seoul and the first floor, with two copies of the physical cards connected to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the identification of transaction details, reply data to financial institutions, copy of bankbooks, and copy of passbooks to one bank;

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. The act of lending the access media for the reason of sentencing under Article 62(1) of the Criminal Act with the sentencing of Article 62(1) of the Act on the Suspension of Execution can be used for the crime of Bosing, etc. In fact, the Defendant’s responsibility is not exceptionally given that the Defendant’s cream card was used for the crime of licensing and the victim was generated.

However, the sentencing conditions indicated in the arguments of this case, such as the Defendant’s confession to commit the crime of this case and the mistake is divided, the first offender who has no record of crime, the Defendant has no profit from committing the crime of this case, and the Defendant’s age, sex, environment, family relationship, means and consequence of the crime, etc., shall be determined in consideration of all the sentencing conditions indicated in the arguments of this case, such as the circumstances after the crime.