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A defendant shall be punished by imprisonment 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.
Reasons
Punishment of the crime
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
Nevertheless, on December 2016, 2016, in front of the apartment apartment B in Gangwon-si, the Defendant’s corporate bank account (C) was reported to the name influence who was aware of the mobile phone text message, and the name influence was lent for two months and received six million won on the condition that he/she was lent for six months and received six million won.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of the detailed statement of deposit transactions, certificate of transfer confirmation, and the Acts and subordinate statutes on response data of corporate banks;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. The Defendant’s instant access media that was leased to the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing factors) was actually used for licensing crimes.
Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.
However, the defendant has no record of criminal punishment, confessions a crime, and repents a mistake.
In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.