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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 borrow or lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing access medium required for electronic financial transactions.
Nevertheless, around November 23, 2016, the Defendant: (a) around 12:30 on November 23, 2016, at the “C convenience store” located in Daegu-gu, Daegu-gu, and (b) lent the account to another person, the Defendant would pay KRW 3,00,000 if he/she borrowed the account between the month in which he/she received the proposal and then received it; (c) sent a physical card connected to the Defendant’s credit union account under the name of the Defendant, using a door-to-door; and (d) sent the above name in a way to another person with an access medium by informing the password of the said account and physical card through the Kakao Stockholm.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the police statement made to E;
1. Application of Acts and subordinate statutes to a copy of the statement of separate transactions by account and a copy of the response to financial information;
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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.
The defendant's act of lending an access medium, such as this case's crime, is likely to undermine the general public's confidence in the name of financial transaction and make it possible to commit so-called phishing crime with serious social harm.
A favorable circumstances: The Defendant had experienced economic difficulties, resulting in the instant crime, and would not repeat the recidivism again.
There are many things.