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 lend any access medium with his/her promise to give instructions on transactions in electronic financial transactions or to use and manage any access medium, such as an electronic card used to secure the authenticity and accuracy of users and the details of transactions, and information equivalent thereto.

Nevertheless, on December 5, 2016, the Defendant: (a) received the word “to make advance payment of KRW 3 million per owner of an account by lending the account; (b) around the 7th day of the same month, at the convenience store B located in Daegu North-gu, Daegu-gu; (c) sent one check card connected to the Daegu bank account in the name of C (D) using the convenience store; and (d) lent a accessible medium to the name in return for the promise to give a password to the name in return for the promise to notify the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to criminal investigation reports (Attachment of a seizure warrant and reply materials);

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. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the personal check card, etc. leased by the Defendant was used for actual fraud, it is necessary to strictly punish the Defendant.

However, the circumstances favorable to the fact that the defendant reflects the mistake, there is no criminal conviction of the same kind, and there is no special criminal conviction except for one time before and after the fine, and that the defendant seems to have no profit from the crime of this case.

The punishment shall be determined as per the order, taking into consideration all the circumstances prescribed in Article 51 of the Criminal Act, such as age, sex, etc. of the defendant.