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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
In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.
Nevertheless, around December 3, 2019, the Defendant received a proposal from the transferee of the previous name in order to take over 2 million won if he/she borrowed cock card from the transferee, and then issued the cock card in the name of the Defendant to the bearer of the SC Bank account (D) in the name of the Defendant.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. E’s authenticity and written statements;
1. Application of Acts and subordinate statutes to review the results of transfer;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The act of lending the means of access is serious social benefits due to the act that facilitates various crimes, such as licensing, etc.
As a result of the instant crime, the instant crime caused the damage to the Bophishing fraud.
The defendant is led to confession and reflect on the favorable circumstances.
The Defendant was unable to obtain any benefit from the instant crime, and there was no previous criminal conviction.
The above punishment shall be determined in consideration of the circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the present arguments and records.
It is so decided as per Disposition for the above reasons.