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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend any access medium to another person while receiving, demanding or promising to receive compensation;
On November 18, 2016, the Defendant promised to receive KRW 200,000 from his name in front of the C-ro located in Pyeongtaek-si B, and lent an access medium by lending one check card (Account Number D) linked to the post office account (Account Number D) under the name of the Defendant.
2. The Defendant, as described in the above paragraph 1, lent the cream card under the name of the Defendant to the needy party, and then lent it on November 21, 2016, 201. The Defendant was either KRW 200,000,000,000 in return for lending the card to someone else.
“Around November 23, 2016, when receiving a message, and recognizing that a nameless person may commit an electronic financial fraud (hereinafter “scam”) by using the Defendant’s access medium, “Abscams” allows a nameless person to use the Defendant’s access medium without immediately filing an application for suspension of transaction with respect to the account. The nameless person may borrow a loan of KRW 20 million from the victim E by posting a phone around 10:00 on November 23, 2016.
In the end, “a deposit shall be changed.” On the same day from the victim E to the above post office account under the name of the defendant at around 14:05 on the same day, and at around 10:00 on the same day, the lending will be made as possible by phone calling to the victim F at around 10:00 on the same day.
There is a false statement stating that the Defendant shall pay KRW 1,00,000 to the Defendant’s above post office account in the name of the Defendant at around 14:37 of the same day, and on the same day, the Defendant shall receive KRW 952,600 from the Victim G by telephone, and on the same day, the Defendant shall receive KRW 10,000 from the victim G.