A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, the Defendant, upon receiving a proposal from his name-free person to “to provide KRW 800,00 per unit if he borrowed a physical card,” and consented thereto. On September 11, 2018, the Defendant lent one physical card connected to the DNA bank account (E) in the name of the Defendant in front of his name-free shop C in Gwangjinyang-si, Kwikset service article to the above name-free person.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Receipt for account transfer;

1. Application of the Acts and subordinate statutes governing data inquiry;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the means of access leased by the Defendant was used for the crime of Bophishing fraud, etc.

However, the punishment shall be determined as ordered by comprehensively taking into account the defendant's age, character and behavior, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the trial process, such as the fact that the defendant recognized the crime, the first offender, etc., and other favorable circumstances, such as the first offender.