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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access to an electronic financial transaction, or keep, deliver or distribute the means of access in receiving, requesting or promising any consideration.
Nevertheless, on December 5, 2018, the defendant accepted a proposal that he would pay 2% of the amount withdrawn in return when he withdraws the money deposited in the account in the name of the defendant from a person with no personal name and deliver it to a person with no personal name.
On December 11, 2018, the Defendant received and kept B’s corporate bank check (credit number C) in front of the exit No. 13 in Busan-dong, Busan-dong, Busan-dong, and issued two copies of the check to the D Bank (E) account and F Bank (G) account in the name of the Defendant to the person who was in the name of the Defendant.
As a result, the Defendant promised to keep the check card in the name of B, the means of access to electronic financial transactions, and simultaneously lent the check card in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Details of financial transaction entry fees and application of the Acts and subordinate statutes on investigation reports;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 62 (1) of the Criminal Act;
1. The act of transferring the means of access for sentencing under Article 48(1)1 of the Criminal Act needs to be strictly punished since it can be used as a means of other crimes. The means of access for this case that the defendant lent is used for the crime of fraud, the defendant recognizes his mistake and reflects himself, the defendant did not acquire the benefit due to the crime of this case, the defendant did not have any record of punishment for the same crime, and other circumstances after the crime.