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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 two years from the date this judgment became 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 February 12, 2018, the Defendant borrowed Hannnman Card to operate a liquor-related company and to use it for the purpose of tax reduction or exemption from the name of the Defendant on a mobile phone from a person who is not the name of the Defendant, with KRW 80,000 per day.
“On receipt of a text message, agreed to receive the consideration,” and then sent the physical card connected to the No.C. account under the name of the Defendant in Daegu-gu, Seo-gu, to the name infinite by using the phone-line.
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 to a copy of passbook and a detailed statement of deposit transactions;
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: (a) the Defendant’s crime of this case leads to a large number of unspecified victims; and (b) provides the so-called “phishing or online goods purchase fraud, etc., which is highly detrimental to society that disturbs financial order; (c) the Defendant’s lending media actually used for committing a crime; and (d) the Defendant
The fact that the defendant seems to have no profit from the crime of this case, and that the defendant is against the defendant, is more favorable.
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.