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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.
On September 5, 2017, the Defendant: (a) received text messages from a person without his name to “be given KRW 300,000 per 30,000,000 from a cell phone; (b) promised to receive compensation from the Defendant; and (c) sent the physical card connected to the Defendant’s post office account (D) to a person without his name using his/her name.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes governing deposit verification;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is an unfavorable circumstance that the Defendant’s crime of this case is committed by massing an unspecified number of victims, and the Defendant’s access media transferred by the Defendant is provided as a means of so-called phishing, etc., with a large social distort order.
The fact that there is no criminal punishment for the defendant, the defendant seems to have no profit acquired by the crime of this case, and the fact that the defendant is against the defendant is a favorable condition.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.