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A defendant shall be punished by imprisonment with prison labor for up to 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
In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.
On August 8, 2019, the Defendant received text messages, which gave a loan from a person who was not the deceased on his name, and received a proposal that “a loan is possible. If the Defendant deposits the principal and interest in the account in the name of the Defendant after the loan was executed, then the Defendant would have deposited the principal and interest in the account in the name of the Defendant.”
In the past in 2012, the Defendant was aware of the fact that, in response to the proposal, the account number, password, and physical card can be used for a crime such as singing, if the account was opened to the police on the wind used for singing crimes, and the account was investigated.
Nevertheless, the Defendant, after accepting the proposal of the person who did not receive the above name, notified the person who did not receive the above name of the Defendant using the account number and password of the Agricultural Cooperative (B) account in the name of the Defendant, and sent the physical card to the place designated by the person who did not receive the above name, around August 14, 2019.
Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the details of transfer, details of account transactions, C dialogues, written non-prosecution decision, copy of a letter of resignation;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor.