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, the Defendant, on October 2016, sought a physical card from a person who was named as a police officer on his/her name in the liquor company by means of text message.

The phrase “to pay two million won upon the use of three times is presented, and around October 24, 2016, at the C department stores located in Daegu-gu Dong-gu, Daegu-gu D department stores, the name of the defendant, via a door-to-door engineer, who is connected to the accounts of the Saemaul Treasury (Account Number: E) in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of the details of transfer of accounts to be submitted to the victim F, and the statutes governing A account 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 reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered in favor of sentencing) 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, and that the transferred physical cards, etc. are likely to be abused as a means of another crime, strict punishment is required.

In addition, the fact that the access media transferred by the defendant is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the punishment is determined by taking into account all the circumstances, such as the defendant's age, occupation, sex and environment, criminal record, motive, circumstance and consequence of the crime, etc., which are conditions for sentencing, such as the fact that the defendant did not obtain any benefit at all due to the crime of this case, the transferred physical card is one, and the defendant's age, occupation, sex and environment, criminal record, criminal records, motive, circumstance and consequence, etc.