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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act and subordinate statutes, no one shall transfer any access medium, receive any consideration, lend or lend any access medium, etc. to a financial institution, which is used to issue a transaction instruction in electronic financial transactions or to guarantee the authenticity and accuracy of the details of transactions with users and financial institutions.
Nevertheless, at around 14:00 on April 19, 2017, the Defendant, through Kwikset service, sent a physical card connected to one of his bank accounts (Account Number: E) and notified the password by telephone, and then lent the access media in return for compensation to the Defendant. In short, the Defendant offered a proposal to “D” from a person in a false name who assumes the name “D” in front of the Republic of Korea, via a mobile phone, to “3 million won per one account if he/she lends the two-month account” through his/her mobile phone.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on a petition;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of Article 62-2 of the Criminal Act of the community service order: Imprisonment with prison labor for the period of ten months: 4 months of suspension of execution; two years of community service; causes of aggravation of 80 hours: Confession, such as actual use of a crime of springing: confession, absence of criminal records of the same kind or imprisonment without prison labor (two times of fines for drinking driving), etc.;