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

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on July 5, 2018, the Defendant received 3 million won on the condition that he/she would pay 3 million won as face-to-face royalty for three (3) days in order to obtain tax exemption from a person who assumes the position of an employee of a liquor company, who was named in the name of the Defendant, for three (3) days in return for the promise to receive KRW 3 million on the condition that he/she would use the e-mail card to be used for three (3) days. On the same day, the Defendant sent the e-mail card connected to the Defendant’s bank account (Account Number E) in the large exhibition, and lent the access media to notify the password to the Kakao.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The act of lending the access medium for electronic financial transactions with the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is serious harm caused by the act, such as making it a means to facilitate other crimes such as telephone financial company, and the actual use of the access medium leased by the defendant for fraud, and the defendant can expect the income to be used for three million won in return for the use of the access medium on a three-day basis and use it for an illegal purpose.

I think, while considering the circumstances such as lending access media, the defendant's punishment is not against the defendant's punishment, and the defendant is punished by imprisonment.

However, there are some favorable circumstances, such as the fact that the defendant's mistake is against the defendant, that the defendant is the first offender who has no record of criminal punishment, and that there is no evidence that the defendant has gained the actual benefit from the crime of this case.

The above circumstances are as follows.