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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years 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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, at around April 10, 2018, the Defendant received a text message from D to the effect that the Defendant would lend a physical card connected to the account to KRW 3 million per account, and whether it is interested.
On April 11, 2018, at around 15:00, Kwikset Service Articles, whose name is unknown, sent a copy of physical card connected to the new bank account (E) in the name of the defendant to the non-resident through Kwikset Service Articles.
The Defendant paid the above consideration to the third party and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation report (the specification of leased access media);
1. Application of Acts and subordinate statutes to inquiries about transaction details, certificates of confirmation of transfer, and account statements;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is an act of transferring, keeping, and delivering access media as a means of preventing various crimes, such as phishing and illegal sports discussions, which currently inflict significant social harm. As such, the crime of this case is heavy, and the crime of this case was committed by the victim as a means of phishing crime, and the physical card issued as a result of the crime of this case was actually used as a means of phishing crime, and the investigation of the crime of this case was initiated.