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

No one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, the Defendant, upon receiving a proposal from his name-free person that “if he lends a physical card, he will give KRW 900,000 per day rental fee to KRW 2.7 million for three days.” On January 9, 2019, the Defendant lent a physical card connected to the bank account (D) in the name of the Defendant in front of the Defendant’s dwelling in the name-free group B, by delivering a copy of the physical card connected to the Defendant’s name-free person via the taxi article.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Account transaction statement and confirmation of the occurrence of an accident;

1. Application of the Acts and subordinate statutes to the C bank response data (the details of the account transactions in the defendant C bank);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access leased by the Defendant was used for the crime of phishing fraud, etc. disadvantageously.

However, the punishment shall be determined as ordered by comprehensively taking into account the defendant's age, character and behavior, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the trial process, such as the fact that the defendant recognized the crime, the first offender, etc., and other favorable circumstances, such as the first offender.