A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation.

Nevertheless, the Defendant accepted an account in the name of another person to be used in the transaction of goods from the employees of the electronic equipment company who became aware of through the Internet search to reduce taxes. If the Defendant borrowed cash cards, it was offered that the Defendant would offer KRW 2 million per opening.

At around 19:00 on September 9, 2016, the Defendant provided Kwikset Services with three cash cards connected to the Agricultural Cooperative Account (C) and the Bank Account (D and E) in the name of the Defendant, one of which is KRW 6 million in total, before the Defendant’s house located in the building B in Sungsung City, and leased Kwikset Services with the means of access to the electronic financial transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

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

1. On the grounds for sentencing under Article 62(1) of the Criminal Act, the Defendant lent three means of access, including the Agricultural Cooperative Account, to the Defendant.

As a result, it is highly responsible for the occurrence of a large number of victims.

On the other hand, the fact of crime is recognized and wrong.

It is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and circumstances constituting the conditions for sentencing as shown in the instant pleadings, a suspended sentence of imprisonment with prison labor shall be imposed on the Defendant.