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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation.
Nevertheless, around August 27, 2018, the Defendant: (a) received a communication from a person without personal name to the effect that “to carry out a loan by accumulating transaction records if sending a physical card; (b) agreed to obtain a loan by accumulating transaction records; and (c) on the same day, sent a copy of the physical card connected to the bank account (Account Number: D) in the name of the Defendant before the original State Post Office located in the name of the Defendant at the 412 book as the prime State Post Office at the 412 book.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of damage B;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));
1. The violation of the Electronic Financial Transactions Act is not included in an offense against which an order for compensation can be issued, so the application for compensation of this case is inappropriate (Article 25 (1) of the Act on Special Cases concerning the Promotion,