A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No person shall borrow an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, around November 25, 2016, the Defendant: (a) received a proposal from the Defendant’s home located in Busan-si, that “3 million won will be paid for the month on which he/she lends his/her e-mail card; and (b) opened three e-mail cards connected to the bank account in the name of the Defendant, E-bank account (F), and G bank account (H) to the Kwikset Service Articles who sent the e-mail.

As above, the Defendant promised to pay for and lent an electronic access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Details of transfer and the return new data (AC bank account data);

1. Application of Acts and subordinate statutes on investigation reports (attached to suspect submission cards, card numbers, copies of bankbooks, etc.);

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. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the Defendant received the consideration and transferred three accessible media; (b) the access media was used for actual fraud; (c) the Defendant’s age, sex, environment, motive or circumstance of the crime; and (d) all other favorable circumstances, such as the fact that the access media was used for actual fraud; and (c) the fact that there was no benefit that it actually acquired; and (d) other conditions for sentencing, including the Defendant’s age, sex, environment, motive