A defendant shall be punished by imprisonment for not less than three 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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, the defendant, on June 12, 2018, will use the account as three (3) days per week after leasing the account from a person who has no name from the person who was named on June 15, 2018.

“In return for a telephone call to the effect that “, for three days, it was promised to receive KRW 3 million per physical card per three million per each, on condition that it was lent, and then lent the access media by sending Kwikset through Kwikset Services, which is linked to the Defendant’s corporate bank account (Account Number C) in the name of the Defendant in front of the Defendant’s home located in North west-gun B prior to the same day, and giving him a password to Kakaox.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each Act and subordinate statutes on financial transaction information, such as certification of details of deposit transactions;

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 reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) is that the Defendant recognized the facts charged in the instant case and expressed his intention of reflect on the mistake, the primary offender, and the Defendant reported the loss after the transfer of the physical card and restored the damage to the phishing victim, etc. are favorable to the Defendant.

However, “Access media”, such as physical cards, is widely used as a means of various crimes, such as the systematic gambling crime that promotes serious gambling, such as scaming fraud, or the Internet gambling, and the issuance of a false tax invoice through a bomban company. The transferor of an access medium under his/her name does not seriously undermine the illegality or risk of such acts.