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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing means of access under the Electronic Financial Transactions Act, no person shall transfer or demand, demand or promise to provide compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on November 2018, the Defendant received a proposal from a nameless person who introduced “B director” as “B director,” and subsequently, around the 12th day of the same month, the Defendant sent 2.2 million won as a loan fee,” and then lent the means of access by notifying Kwikset service article of the password’s password to the nameless personal account (F) in front of the “D” in the name of the Defendant in front of the “D” located in the name of the Defendant in Gwangju North-gu, Gwangju, and lending the means of access to the text message by notifying the nameless person of the password’s password number and receiving compensation.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Application of Acts and subordinate statutes on public receipt;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. The act of lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as a means of other crimes. The means of access in this case that the Defendant lent was also used for the crime of fraud.
However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's name and behavior, character and environment, motive for committing the crime, circumstance after committing the crime, etc., shall be determined in full view of the following facts: the defendant has no record of punishment except for one time before and after the punishment of the fine; the defendant has not acquired any benefit by committing the crime of this case; and the defendant has not acquired any benefit by committing the crime of this case; and