A defendant shall be punished by imprisonment with prison labor for four 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

No person shall lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on November 2016, the Defendant accepted the proposal that “the Defendant would pay KRW 3 million per head of Tong, if he/she is a sports company,” from a person in the name of the police officer, and accepted it. On the 22th of the same month, the Defendant sent a physical card connected to the post office account (D) in the name of the Defendant at around the 27th of the same month from the convenience store where the Defendant works in Jeju city, and then sent the above physical card to the person in the name of the deceased on the 27th of the same month.

Accordingly, the defendant agreed to receive the price from the person who is not his name and lent the physical card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs by cutting down a copy of the passbook, a doorbook receipt, and a Kakao Stockholm screen;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Jun. 2, 201)