1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3...

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on December 29, 2016, the Defendant promised to receive KRW 3,50,000 per lease account from a person who was in the name of the Defendant, and delivered a cash card connected to the Defendant’s bank account (F) and one cash card connected to the Defendant’s bank account (G) through Kwikset Co., Ltd., in front of the convenience store near D’s nearby the Government-Si around 17:00 on December 30, 2016.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police officer against H, I, and J;

1. An investigation report (Submission of details of account transactions with a suspect A National Bank);

1. Details of account transactions in a national bank;

1. A certificate of remittance confirmation;

1. Application of Acts and subordinate statutes on warrant answer materials;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment provided for in a crime of lending one cash card connected with the account of a national bank with a heavier penalty);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is a delivery of a physical card connected to the account under the name of the defendant to a person who is not his/her name. Since the act of transferring, keeping, and delivering access media as a means of preventing various crimes, such as phishing and illegal sports discussions, which currently have a great impact on society, is being committed, the criminal liability for the crime of this case is grave, and the cash card issued by the crime of this case is used as the means of phishing crimes.