A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the Defendant, on July 2017, lent the account from a person in the name of the police officer in need of tax reduction and exemption, used for three days, lent a medium of access to the account with a word of KRW 3 million, and thought to acquire cash. At the same time, the Defendant sent a physical check card connected to the company bank account (B) opened in the name of the Defendant to the non-person in the name of the defendant through Kwikset service near the YMCA located in Gangnam-gu, Seoul Metropolitan Government, and notified him of the password in writing.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes to the statement of transfer and reply to a request for financial transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The instant access medium transferred by the Defendant was actually used for the commission of phishing fraud (Evidence Nos. 15, 24, 49). If the Defendant did not lend the access medium, any mistake would not have occurred.