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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on September 6, 2017, the Defendant: (a) proposed that he will lend 80,000 won per account from a person in a name-free name to another account for the month in which he/she is required to reduce or exempt taxes; (b) lent a physical card connected to the name-free person’s credit account under the name of the Defendant and a physical card card connected to the Saemaul Bank Account (C) and the Saemaul Bank Account (D), respectively, to a person in a name-free name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A detailed statement of account transactions;

1. Details of transactions with the account holder under the name of the recipient;

1. A certificate of transfer;

1. A photograph of a CCTV image to be cut;

1. A certificate of transfer confirmation;

1. Details of the transaction of the Saemaul Treasury account in the name of the recipient;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

The lending media is two pages, the victim of the crime of fraud is three, and the amount of damage is about 14 million won.

The defendant voluntarily withdrawn and used 7 million won of the money deposited into the defendant's account due to fraud.

The damage was not completely recovered.

The favorable circumstances are recognized and reflected.