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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person may, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, on November 11, 2019, the Defendant received a proposal from a person who had misrepresented B as his/her agent for a lending business entity and consented to the proposal that “to create a financial transaction performance record and to leave the check card during that period.” On the same day, the Defendant sent one check card connected to a new bank account (C) under the name of his/her name in the name of the Defendant at the Seocheon-dong post office located in Seocheon-si, Busan, 16:07, and then sent one copy of the check card to the above person who was named in the name of the Defendant at the post office, and notified him/her of the password.
As a result, the Defendant promised to receive expected gains from future loans, and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes on the electronic financial transfer result, liquidity trading protocol, copy of passbook of a new bank, and receipt for selective transfer;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the stay of execution has a fact of having received a disposition of suspension of indictment for the same kind of defendant, but
1. Probation and community service order under Article 62-2 of the Criminal Act;