A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.

On May 31, 2018, the Defendant heard the phrase “to lease 3 million won per 1 eck card.” On May 31, 2018, the Defendant sent a eck card to the account in the name of the Defendant’s name from the front side of the C Bank located in the building in Namyang-si, Namyang-si on May 15:30, 2018, to the Defendant’s name, and notified the password.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The written statement of the defendant;

1. An investigation report (attached documents, such as letters, emails, account transactions statement, etc.);

1. A written petition;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have lent a personal card to a person who has no personal identity. The act of lending the means of access is not less likely to cause mass damage because there are many cases where it is abused as a means of crime in a planned and organized manner, such as singing, illegal gambling, etc., which has a great social harm. In fact, the means of access lent by the defendant is used for the singing crime, and it is not good that the circumstances after the crime are committed.

However, when the Defendant deposited the amount of damage from the phishing fraud crime into a financial account connected to the phish card as indicated in the judgment after the instant crime, the amount of damage was not withdrawn because the Defendant suspected of the phishing crime and reported its loss, and there is a possibility of recovering the damage accordingly, and the Defendant has no profit actually acquired by the instant crime.