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 lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on February 13, 2017, the Defendant sent a physical card connected to the Defendant’s Saemaul Bank Account (Account Number: D) in front of the Defendant’s residence located in Daegu-gu, Daegu-gu, to the non-party’s name and promised to send a password to the non-party on a non-party’s name and to notify the password to the non-party through a non-party-based online service provider for tax reduction and exemption, and then lent a medium of access to electronic financial transactions by promising the Defendant’s residence in front of the Defendant’s Saemaul Bank Account (Account Number:D) on February 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes to investigation reports (report on the results of execution of a warrant of search and inspection of seizure), customer information and trading specifications;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of lending an access medium, such as the instant case, is highly likely to be abused for another serious crime by impairing the stability and reliability of electronic financial transactions, and actually lending the Defendant’s access medium was used for the crime.

In addition, in the light of the fact that the damage of the victim is not completely recovered, the liability for the crime is not easy.

However, the fact that the defendant recognized all the charges and reflects his mistake in depth, the defendant was unable to obtain substantial economic benefits due to the crime of this case, and the amount of damage caused by the criminal act of Bosing is relatively small.