A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on January 5, 2018, the defendant accepted a proposal that "it is a liquor company, which requires personal check card due to tax reduction or exemption, and it is possible to pay KRW 500,000 per day from the account to the account," from a non-name-based person before the insular shop located in Gui-si, Sin-si, Sin-si around 17:00, and then, the defendant sent it to the name-based person through Kkkset delivery with the head of the physical card connected to the national bank account in the name of the defendant.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the Defendant’s loaned account was used for the crime of Bosing, and the amount of damage also reaches five million won.

In addition, even if the previous criminal record was transferred to another person and punished, and it appears that the access media transferred to another person during the investigation process of the previous criminal record could have become aware of the fact that the crime of this case was used in such a manner as scam, etc., the quality of the crime of this case is not weak in repeating the crime of this case

However, the punishment shall be determined in consideration of the agreement with the victim of the instant Bosing, the reflection of the violation, and the absence of the same criminal record as the suspension of execution.