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A defendant shall be punished by imprisonment for six 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 person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.
On March 26, 2018, the Defendant promised to transfer his account in the name of the Defendant and to receive three million won as rent by sending a text message stating that “on the face of lending an account to be used by the company, it is a logistics company, the amount of KRW 3 million per each page shall be paid as rent and shall be paid more than KRW 500,000 per additional time.”
On March 30, 2018, the Defendant issued a physical card linked to the national bank account (Account Number D) in the name of the Defendant at the center of the C Hospital located in Gwangju Mine-gu, Gwangju, to a person whose name is unknown through Kwikset Service Articles, and notified the password of the said account through the Kakao Stockholm message on the same day.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Details of transactions of deposits and withdrawals;
1. Application of Acts and subordinate statutes to investigation reports (specific time of transfer of an access medium);
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as a means of another crime. In this case, the fact that the access medium leased by the defendant was used for the criminal act of licensing is an unfavorable sentencing factor.
However, it is the most favorable sentencing factor that the defendant recognizes his mistake and reflects the defendant, there is no history of criminal punishment or criminal punishment, and that the defendant has no profit from the crime of this case.
In these circumstances, the defendant's age, sex, environment, motive and background of the crime, and others.