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 person shall borrow or lend any access medium while demanding or promising to receive any consideration, or promising to do so in using and managing an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

Nevertheless, on February 13, 2017, the Defendant: (a) received a proposal from a person who was absent from his name at the Defendant’s house located in Daegu Northern-gu, Daegu-gu, and then consented to the proposal that “I will lend one e-mail card to KRW 2,00,000 if I lend two e-mail to one month; and (b) five million won if I lend three months; (c) around 15:30 on February 14, 201, the Defendant sent Kwikset Service Officer who sent his name to the company bank account (C) in the name of the Defendant; (d) sent one e-mail card connected to the company bank account (C) in the name of the Defendant to receive compensation by informing him of the password; and (e) lent the access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of deposits and withdrawal, and application of Acts and subordinate statutes on banking 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, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the access media that the defendant lent is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the defendant, the damage caused by the crime of this case is not significant, and the defendant did not gain any profit due to this, and the e-mail card leased is only one.