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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On July 2018, the Defendant promised to receive KRW 800,000,000 from a deceased person’s name in his/her own name, “on the face of lending the passbook, he/she will give 80,000 won per opening.” On July 2, 2018, the Defendant provided the means of access by delivering one copy of the physical card connected to the B Account in the name of the Defendant, which is the means of access, to a deceased person in his/her own name, at the unclaimed land in his/her own Dong-dong and Dong-dong, Anndong,

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to report internal investigation (Search, search, inspection warrant, reply-B);

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 transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

The amount of damage caused by the phishing crime was returned to the victim.

The accused shall not have any criminal records other than those who have been sentenced to a fine for traffic crimes, once.

In addition, the defendant's age, character and behavior, environment, motive and background of lending means of access, the number of means of access leased, the result of the crime, and the circumstances after the crime are revealed.