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

No person shall lend any access medium using or managing access medium used in electronic financial transactions while requiring or promising to receive compensation therefor.

On June 18, 2018, the Defendant borrowed a debit card under the name of the party for three (3) days from a person who was not the name of the party in need of a debit card for the purpose of tax saving from a liquor company.

“On June 20, 2018, upon receipt of a proposal to the purport, accepted the proposal, sent one debit card copy to the person under whose name the name was in fact, connected with the Defendant’s account in the name of the Defendant (National Bank D) at the business office of Geumcheon-gu, Geumcheon-gu Seoul, Geumcheon-gu, Seoul, at around June 2018, and sent the password to the person under whose name was not in fact known by using the Kakao Stockholm of the Handphone.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authenticity and written statements;

1. A certificate of transfer confirmation, inquiry of customer information, details of entry and departure transactions, and copy of a passbook;

1. Application of statutes on the content of Kakao Stockholm conversations and text message data;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The act of lending the media access to the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence requires strict punishment as it can be abused as a means of other crimes, such as electronic financial fraud and tax evasion. In fact, fraud was inflicted on the Defendant’s access media.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, considering the circumstances favorable to him.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc. are determined as the sentence by taking into account the following factors: the defendant's age, sex, environment, motive and consequence of the crime.