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A defendant shall be punished by imprisonment 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
No one may lend the means of access necessary for electronic financial transactions to another person without just cause. However, on November 2018, the Defendant violated the Electronic Financial Transactions Act by lending 800,000 won per account from the person in default of his/her name from his/her own account when he/she seeks tax reduction or exemption on the part of his/her own account while lending his/her account to another person on the part of his/her name.”
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A letter of requisition;
1. Application of the transfer certificate, the currency details, and the Acts and subordinate statutes governing accounts in A;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;
1. The reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act, based on the following factors: (a) the means of access leased by the defendant for the reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act, which is disadvantageous to the defendant, such as the fact that the means of access was used for the crime of Bophishing fraud; (b) the accused’s mistake is against the defendant; (c) favorable circumstances