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 January 2018, the Defendant borrowed a personal account to be used for tax reduction or exemption for an enterprise related to the Internet shopping mall from a person in the name of the end of the month and paid KRW 4 million after using the personal account for one month.

“On February 1, 2018, the proposal received and consented thereto, and thereafter, at C located in the Gandong-gun, G, the Defendant’s Saemaul Bank Account (Account Number: D), one physical card connected to the Defendant’s name was sent to the name-free person by way of door-to-dooring.

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. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. Application of statutes on the certificate of transfer confirmation and details of 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 concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant lent the access medium to the Defendant, and the leased access medium was used for the phishing crime, and the actual damage was caused, and the liability for the crime is not easy.

However, the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc. are taken into consideration and sentenced as ordered by the decision, such as the recognition of the crime and the fact that there is no history of punishment heavier than the fine so far.