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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, the Defendant, at the end of August 2017, referred to himself as the operator of the private gambling site, will give 100,000 to 1.5 million won in return for lending the head of the Tong to the extent that he/she lends the head of the Tong to this extent.

Upon receipt of the proposal, “C” was sent from September 2017 to the above name in the first place of “C” office located in Macheon-si B, Macheon-si, and sent one physical card connected to the Defendant’s name to the Nong Bank account (D).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Application of each statute on the certificate of transfer confirmation and the details of account transactions;

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. 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 Defendant’s access media was actually used for phishing crimes (Evidence Nos. 6, 10, 18). If the Defendant did not lend the access media, no mistake would have caused the occurrence of a victim of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, it is against the defendant's confession of crime, the fact that there is no criminal record of the same kind, and the leased access media is about one account.