A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

On October 14, 2019, the Defendant received a text message from a person who was named in the name of the Defendant and received a proposal that “on the face of sending a physical card, account number, and password, the Defendant would lend the loan, and if the Defendant paid interest to the account connected with the physical card, he would withdraw the interest by using the card.”

The Defendant, in order to obtain a loan, transferred a means of access, such as a physical card connected to the Defendant’s account to the Defendant’s account, was used in the pertinent account for the Bophishing crime, and was subject to a disposition of suspension of indictment after being investigated on suspicion of violating the Electronic Financial Transactions Act, and thus, was aware that the account number or physical card can be used for the crime of Bophishing, etc. in response to the proposal that the Defendant would not transfer the account number or physical card to the Defendant without permission.

Nevertheless, the Defendant accepted the proposal of the above nameless winners, and then notified the account number and password of the account of community credit cooperatives (B) in the name of the Defendant to the above nameless winners, and delivered a physical card connected to the above account at the Defendant’s residence located in the Gangseo-gun, Gangwon-gun, Gangwon-do on October 18, 2019 to the door-to-door engineer who sent the nameless winners.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the account details, CCTV video data, the conversation content, and investigation report (Suspension of indictment due to the violation of the Electronic Financial Transactions Act on the grounds of excessive violation of the said Act);

1. Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3) of the same Act concerning criminal facts and the selection of punishment.