A defendant shall be punished by imprisonment for four 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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On September 17, 2017, the Defendant received a communication from a person who was unaware of his name, stating that “The name account is required to pay KRW 700,000,000,000 from the third party in connection with corporate tax,” and notified the Defendant of the phone card that is linked to the D account (Account Number: E) under the name of the Defendant.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Statement;

1. Application of the Acts and subordinate statutes on account transactions and reply materials;

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. In light of the following circumstances: (a) lending the means of electronic financial transactions with the reason for sentencing under Article 62(1) of the Criminal Act is serious harm caused by such act, such as facilitating other crimes such as telephone financial fraud; (b) the means of access that the Defendant actually lent was used for the crime of fraud; and (c) the Defendant expectations that the means of access would be offered KRW 700,000 upon lending the means of access and lends the means of access, etc., the Defendant shall be punished by imprisonment with labor on the grounds that the Defendant’s criminal liability

However, there are some favorable circumstances such as the fact that the defendant's mistake is against the defendant, that there is no specific criminal punishment in addition to the fine twice during the past 20 years, and that there is no evidence that the defendant has gained the actual profit from the crime of this case.

Taking into account the aforementioned circumstances, the Defendant’s age, character and conduct, environment, etc., the term of punishment shall be determined as per the disposition and the execution thereof shall be suspended.