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 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.

Nevertheless, on May 28, 2017, the Defendant received communication from a non-named person using 3 days a mobile phone text message, and consented to 3.2 million won a mobile phone, and then lent a mobile medium of access to electronic financial transactions by sending the phone card connected to the Defendant’s name-based post office account (Account Number D) at around 16:00 on May 30, 2017 at the Defendant’s home located in Busan Metropolitan City, through Kwikset’s service and promising to notify the password of the password.

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 governing the verification of transactions of transfer of electronic finance;

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. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, the access media leased by the defendant was used for the phishing crime.

In addition, in light of the fact that the damage of the victim is not completely recovered, the criminal liability of the defendant is not weak.

However, the Defendant is a primary offender, and all the facts charged in the instant case are recognized, and is against his wrongness, and the Defendant failed to gain a substantial benefit by committing the instant crime, and the amount of damage to phishing crimes is relatively small (30 million won), and the Defendant lives as a basic recipient of daily life.