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 used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on March 28, 2017, the Defendant received a proposal from the convenience store in front of the B B B, the third week prior to the withdrawal, and sent the physical card, password, etc. connected to the new bank account (D) in the name of the Defendant in order to receive the consideration for the use of 4 million won per week from the non-persons in charge of the name at the convenience store.

As a result, the Defendant promised to receive the access media for electronic financial transactions and delivered the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes to the statement of financial transactions and replies to requests for the provision of financial transaction information;

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. 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 delivery of access media is a crime detrimental to social trust in financial transactions, and such delivery of access media is often abused as another means of crime.

The access media of this case delivered by the Defendant was actually used in the singishing crime, thereby causing damage to KRW 1,300,000 (Evidence Record 6,10 pages). Accordingly, the Defendant is subject to imprisonment with prison labor to be sentenced.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant is against the confession of the crime, has no record of criminal punishment, and the communication media relates to one account.