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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing the means of access, no one may, except as otherwise provided for in any other Act, lend any means of access necessary for electronic financial transactions in return for the receipt, request or promise of the consideration.
Nevertheless, around November 14, 2019, the Defendant received a proposal from a person who was not the name of the Defendant, that it is possible to lend a low interest rate by making a transaction statement of deposits and withdrawals at the face of lending the card, and consented to the proposal, and then, at around 15:00 on the same day, at around 15:00 on the same day, one copy of the physical card, which is a means of access linked to the bank account in the name of the Defendant (D) and post office account (E), was delivered to the person who was not the name of the Defendant using Kwikset Services, and sent the password to the person who was the name of the Defendant
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Act and subordinate statutes on the transfer certificate of the amount of damage, the execution of search, seizure and verification warrant (applicable to financial accounts);
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (a point of lending access media);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant was aware that lending of the means of access constitutes the crime and can be used for the crime of Bosing, because the Defendant transferred his means of access to his means of access on the grounds similar to the instant case.
The means of access lent by the Defendant was used for the crime of Bophishing, resulting in the victim.
On the other hand, the defendant recognizes crimes.
There shall be no history of punishment.
The means of access lent by the defendant.