A defendant shall be punished by imprisonment for four 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

No person shall lend or borrow any access medium in return for promising to receive any consideration in using and managing access medium used in electronic financial transactions.

Nevertheless, on November 201, 2016, the Defendant lent a physical card, which is an access medium to the name-free person, to receive KRW 1 million per card in return. On November 28, 2016, the Defendant sent a total of two physical cards, including one e-mail card connected to the Defendant’s bank account (Account Number B) and one e-mail card connected to the Defendant’s name-free bank account (Account Number C) to the Korea Transportation Safety Authority’s Public Prosecutor’s Office located in the 722-ro, Nowon-gu, Seoul Special Metropolitan City around November 28, 2016.

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. Written statements of D;

1. Inquiry into details of liquidity transactions, and application of Acts and subordinate statutes of written confirmation of transfer transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the purpose of sentencing under Article 62-2 of the Social Service Order Criminal Act, if an electronic financial transaction access medium is leased to another person, such as scam, etc. In fact, the account of the access medium leased by the Defendant was used for the crime of fraud, recidivism committed by the Defendant despite the fact that the Defendant was fined for the same kind of crime, reflects the fact that the Defendant was punished, and the process of the crime, etc. shall be determined as per the order in consideration of the overall circumstances.