A defendant shall be punished by imprisonment for six 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 keep, deliver or distribute a means of access used for electronic financial transactions while receiving, requesting or promising compensation therefor, knowing that it is intended to use it for a crime or intended to be used for a crime.

The Defendant was aware that, with the above punishment force, the physical card was transferred to or lent to another person, and would be used for crime.

Nevertheless, the Defendant, upon receiving a proposal from his name-disscamist to “I will give 200,000 won per day with the physical card leased for three days,” and accepted it, and then, around 13:00 on December 7, 2015, the Defendant sent to his name-disscamed a secret number of 1, 200,00 won per day with his name-disscam in front of his house located in Seocheon-si, B, and the Defendant’s name-disscamed to his name-disscamed through Kwikset Service.

As a result, the Defendant promised to receive the price and, at the same time, lent the means of access used in electronic financial transactions with the knowledge that the above cream card will be used for crimes such as scam.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as remittance receipt (Evidence Nos. 12), standddiv bank account transactions in the suspect's name;

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. In light of the fact that the Defendant, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, had dolusent awareness that the means of access leased can be used for an illegal purpose, even though he/she had been sentenced to punishment for a violation of the Electronic Financial Transactions Act, and that the means of access leased by the Defendant has been actually used for the actual fraud, it is inevitable to punish

However, the defendant recognized the crime of this case and is against the defendant.