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 provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on May 2018, the Defendant borrowed a physical card from a person who was in the name of the police officer on his/her name and used it for five days on his/her own and paid three million won to him/her.

“After having received the word “A” and received the said proposal from a person without a name-based phone, and then, around May 28, 2018, around 72, in the vicinity of the Modong-gu, Daegu-gu, Seoul-ro, one copy of the Cze Card connected to the name-based bank account (B) of the Defendant’s name was sent to the name-oriented party via a door-to-door news article, and around May 29, 2018, the Cze Card connected to the post office account (C) in the name of the Defendant through a door-to-door news article in the vicinity of the Modong-gu, Daegu-gu.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to search and inspection warrant execution data;

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the defendant transferred the physical card over two occasions, and the actual use of the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant reflects the mistake, and seems to have failed to gain specific benefits from the crime of this case, the amount of damage is not the maximum amount, and the health of the defendant is not good.