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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, on March 10, 2017, the Defendant: (a) received text messages stating that he would offer money from a person without his name to a third party; (b) lent access media; and (c) received KRW 2,100,000 as one loan fee for access media in Yangcheon-gu Seoul on March 16, 2017; and (c) delivered a copy of the C Card connected to the National Bank Account (Account Number D) in the name of the Defendant through Kwikset Service.

As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. The act of transferring the media access to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is disadvantageous to the Defendant, such as the fact that the act of transferring the media undermines the general trust of the society with respect to the person under the name of financial transaction and makes it possible to commit so-called phishing crimes, and the fact that the Defendant actually committed a crime using the access media.

However, it shall be considered that the defendant is a primary offender, the fact that the defendant is against his/her will, etc. in favor of him/her, and the punishment shall be determined as ordered in consideration of the age, sex, environment, etc. of the defendant and the conditions of sentencing indicated in the records