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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 lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while receiving, demanding or promising the price therefor.
Nevertheless, around August 2018, the Defendant sent a e-mail card from a nameless person who became aware of through text messages received from the Defendant’s cell phone, and then borrowed 5 million won by regulating credit rating if he/she is informed of the password. Upon receiving a communication from the Defendant to the effect that the e-mail card will be returned later if it is loaned, the e-mail card will be returned later, and was willing to lend the e-mail card connected to the Defendant’s account under the name of the Defendant.
On August 22, 2018, the Defendant sent c convenience points located in Daegu-gu Office B, through a one copy of the physical card connected to the Defendant’s name car bank account (D) to the name in the name of the accused, and notified the password of the said physical card by telephone.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of trade-related Acts and subordinate statutes;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant acknowledges, reflects, and does not repeat the crime, and that the economic situation is difficult, etc. are favorable to the defendant.
Meanwhile, since the crime related to the means of access can be abused as a means of other crimes, it is necessary to strictly punish the crime. The account of this case was actually used for other crimes, and the Defendant committed the act of lending the means of access on April 15, 2018, and the Defendant’s vice branch branch support of the Daegu District Court on February 13, 2019.