A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 22, 2017, the Defendant lent one physical card connected to the Defendant’s name bank account (D) in the “C convenience store” located at Won-si B and 103 around December 22, 2017, and sent it to the Non-Party’s name on the condition that he receives KRW 700,000 from the Defendant’s name bank.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to data on the verification of transfer of Internet banking, and the details of replys to the verification request for search;

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 concerning the selection of punishment, the selection of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution recognize the Defendant’s mistake, the first offender who has no record of criminal punishment, and was unable to obtain profits from the above crime, but without such a crime, the crime cannot be committed, and in fact, there was a fraud damage equivalent to five million won due to the above crime.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.