A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

In using and managing a means of access, such as cash cards, no one may transfer or lend any means of access to another person or promise to provide compensation, unless otherwise expressly provided for in any other Act.

On May 7, 2015, the Defendant: (a) received the word “as at the time of leasing the account at the time of use, a maximum of 4.5 million to 6 million won” from a person who misrepresented the director of the tax team C of B investment company; (b) around May 8, 2015, the Defendant received from the Defendant’s house located in Dobong-gu Seoul and 102, the Defendant received 1,500,000 won per head of Tong from the Defendant’s new bank (Account Number: E) account in the name of the Defendant used in electronic financial transactions; and (c) the paper, stating the head of Kwikset Service and the password connected to the Defendant’s new bank (Account Number: E) account, sent back to the said person under the name of the Defendant through Kwikset Service.

Accordingly, the Defendant provided the means of access with the promise of compensation to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on internal investigation, seizure, inspection warrant, personal information, and application of the statutes governing details of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the means of access leased by the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act was used for the crime of phishing, and the victim of a bona fide third party was inflicted, the accused should be punished strictly. However, considering the fact that the accused was the first offender and the mistake against the accused, the punishment as ordered shall be determined