A defendant shall be punished by imprisonment for four months.

However, 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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, around March 28, 2019, the Defendant sent the Defendant’s text message to his mobile phone in order to provide KRW 600,000 per each account when he lends three days to the Defendant’s mobile phone. However, the Defendant consented to the lending of three days to KRW 7,20,000 for three days, and then, on April 3, 2019, the Defendant’s name bank account (Account Number: E), F Bank account (Account Number: G) and H Bank account (Account Number: G), and the KB account (Account Number: I) and informed the Defendant of the password, in total, three copies of the C Card connected to each of the HB bank account, and the secret number.

Accordingly, the Defendant promised to lend a means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each specification of transactions;

1. Investigation report (verification of cases related to the A Account), details of receipt of cases from the Incheon Central Police Station, and details of receipt of cases from the Ulsan East Police Station;

1. Application of J’s message photographic Acts and subordinate statutes

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The crime of lending the means of access is a crime detrimental to the security and trust of financial transaction, and the leased card, etc. may be abused as a means of other crime. The circumstances in which the means of access leased by the Defendant actually used for the crime of Bophishing fraud are recognized and reflected: the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime are committed.