A defendant shall be punished by imprisonment for not less than three 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 would give 2,40,000 won for a 3-day use of a 3-day check to be used by the defendant for the reduction of and exemption from taxes on liquor companies.

On April 9, 2018, after receiving the letters and telephones from the person who was unable to cast his name, sent a physical check card connected to the Defendant’s name bank account (D) at the place of business designated by the person who was unable to cast his name, and sent the password by cell phone text.

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. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial transaction information and text messages;

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 ( considered favorable circumstances among the reasons for sentencing as follows) is that the Defendant recognized the instant facts charged and expressed his intention of reflection against the mistake, and that the Defendant is the primary offender, etc. favorable to the Defendant.

However, “Access media”, such as physical cards, is widely used as means of various crimes, such as the systematic gambling crime that promotes serious gambling, such as scaming fraud, and the issuance of false tax invoices through a bombing company, etc. However, those who transfer access media under their own name are not seriously faced with the illegality or risk of such acts, and such acts are not yet eradicated.