A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On October 23, 2017, the Defendant would lend 700,000 won per day to an account for the purpose of tax reduction or exemption of liquor company from a person who has no name on his/her name in the French Metropolitan City (Seoul Metropolitan City) around 08:46.

“After receipt of a proposal,” the proposal was accepted, and thereafter, at the C office located in Suwon-gu Seoul Metropolitan City Suwon-gu B around 14:00 on the same day, sent to the person under whose name the name was not the deceased, a physical card connected to the account (Account Number: D) in the name of the defendant, by visiting one head of the Daegu Bank.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the issuance of a certificate of confirmation of transfer of other accounts, details of transactions of free deposits of enterprises, and applications for deposit transactions;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions, and it is necessary to strictly punish the Defendant in light of the fact that the cream card, etc. lent by the Defendant was actually used for the actual fraud crime.

However, the defendant reflects the mistake, and the defendant seems to have no profit from the crime of this case, and the circumstances favorable to the fact that there is no same criminal record shall be considered.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.