A defendant shall be punished by imprisonment for six 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 borrow or lend any access medium while giving, receiving, demanding or promising to give or receive any consideration in electronic financial transactions or using and managing any access medium used to ensure the authenticity and accuracy of the users and the details of such transactions.

Nevertheless, on August 18, 2016, the Defendant received the proposal that “30,000 won shall be paid in return for the loan of the passbook between three months” from the person in unsound name who became aware of through the Internet, and then received it from the person in unsound name prior to the Incheon Metropolitan City, Nam-gu 35, Nam-gu, Incheon. On the 18th day of the same month, the Defendant received KRW 300,000 in return for the receipt from the person in unsound name, who was issued the above name in return for the deposit passbook (Account Number B) of the name of the Defendant and the security card connected to the above account.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession of his/her mistake and reflects, the fact that there is no previous criminal conviction or more than the suspension of execution, and the conditions of the punishment as shown in the records