A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On November 2017, the Defendant heard the statement that he would pay KRW 3,000,000 if he sent the physical card from his name deceased, and around the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, on November 201, 2017, he issued a physical card connected to the Defendant’s bank account (Account Number:D) to the above person in the name of the Defendant and notified him of the password.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The written statement of the defendant;

1. E’s written petition;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

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 act of transferring the means of access on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is serious as a consequence of facilitating other crimes, such as tax evasion, scaming, etc., and its harmful effect is serious. In fact, the means of access in the name of the accused is used for the commission of fraud, so strict punishment is required.

However, it seems that the damage caused by fraud has not been realizedly, the defendant's mistake is recognized and reflected, the defendant has no record of being punished for the same kind of crime, and the motive and circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, economic conditions, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.