A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Unless otherwise expressly provided for in any other Act, no person shall lend any access medium while giving, receiving, demanding or promising to provide any electronic card used to issue a transaction instruction or to secure the authenticity and accuracy of the details of the transaction with users and any other means of access, such as a password, necessary to use such card or information.

Nevertheless, on May 19, 2017, the Defendant promised to receive KRW 12 million from Kwikset service from “C” located in “C,” to receive KRW 12,00,000,000, and lent the cash card and password, which is linked to the account under one’s name, the National Bank Account (Account Number:D), the National Bank Account (Account Number: E), the Korean Bank Account (Account Number:F), and the Korean Bank Account (Account Number: G).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Certificates of transfer results;

1. Application of Acts and subordinate statutes to a criminal investigation report (the confirmation report of account details in the name of a suspect), investigation report (the attachment report of letters on receipt of a suspect);

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of lending an access medium as in the instant case’s reason for sentencing under Article 62(1) of the Suspension of Execution Act requires strict punishment inasmuch as it may impair the safety and reliability of electronic financial transactions and use it as a means of other crimes, and the fact that the access medium provided by the Defendant appears to have been used for the commission of phishing crimes, etc

On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake, and that it seems that he did not gain any benefits from the crime of this case until now is the primary offender who has no specific criminal record, and that he could not obtain any benefits from the crime of this case is favorable to the defendant

. The above.