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 person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on September 6, 2016, the Defendant was offered to offer one million won per month from a person who was in a false name to lend his/her personal account. On September 7, 2016, the Defendant sent the physical card card to a person who was unable to know the above name through Kwikset Service, which was linked to the Daegu Bank Account (C) account in the name of the Defendant, around September 7, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including additional receipts);

1. Application of Acts and subordinate statutes on response materials by financial institutions;

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. 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 fact that the access media that the defendant lent is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, taking into account all the favorable circumstances, such as the Defendant’s erroneousness, the scope of damage caused by the instant crime is relatively large, and the Defendant did not gain any benefit therefrom, the transferred physical card is one, the Defendant is an initial offender who has no criminal record, and the Defendant’s age and occupation, sex and environment, criminal records, motive, circumstance, consequence, etc., and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age and occupation, sex and criminal record, motive, and consequence of the instant crime, etc.