Text
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.
Reasons
Punishment of the crime
No person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing the access medium for electronic financial transactions.
Nevertheless, on March 11, 2018, the Defendant: (a) received a proposal from an employee of the non-sophishing company (employee of the mobile phone import company) that “it is necessary to obtain tax reduction or exemption benefits; (b) would provide KRW 900,000 won per day of lending three days; and (c) promised to receive a total of KRW 2,70,000 won per day; and (c) delivered, on March 13, 2018, a physical card connected to the account (C) in the name of the Defendant in the name of the non-known bank to receive a total of KRW 2,70,000 per day of lending.”
As a result, the Defendant promised to pay for, lent the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the confession of a criminal defendant and reflects his/her gender, and the fact that the criminal defendant is the initial criminal);