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 borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.

The defendant, through the Internet, raises a public passbook necessary for the distribution of private casino funds, and will lend a physical card, passbook, etc. to 50,000 won per week.

“On the proposal of a person without the name of the deceased, on November 9, 2017, on the front day of Pyeongtaek-si B, around 16:35, 2017, one of the bankbooks and the head of the bank account in the name of the defendant, and one of the head of the bank account in the name of the defendant, the OTP card, and the passwords, respectively, sent to D who sent the above person without the name.

Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Police seizure records and list of seizure;

1. 압수물 사진, 위 쳇 대화내용 사진 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant recognized the instant facts charged and expressed his intention to reflect on the mistake thereof, and that there is no other punishment than punishment imposed twice for traffic crimes in 2014 and 2016.

However, “Access media” such as the physical card is an organized gambling crime that promotes serious gambling such as scaming fraud, or Internet gambling, and a tax-related crime such as the issuance of a false invoice through a bomban company.