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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend any access medium used in electronic financial transactions in return for consideration.
Nevertheless, on March 2018, the Defendant promised to receive KRW 3 million in return for the payment of KRW 69,000,000 in front of the Il-gu, Gwangju, Yju-ro 69-ro, the Defendant issued a passbook connected to the name in the name of the Defendant’s bank account (Account Number B) and a check card.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.
The favorable circumstances: The error is divided in depth.
There is no profit acquired by crime.
It seems that the fraud amount deposited in the leased account by the defendant is not prohibited from withdrawing due to payment suspension.
In a very difficult economic situation, there is a reason to see the fact that the crime is committed differently.
There are no criminal records which exceed the same kind of criminal records or fine.
Unfavorable circumstances: The Defendant’s access media was used to commit the ice loan fraud (the damage amounting to KRW 7.9 million). The so-called large passbook is essential for various types of crimes, such as the phishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier and prevent various crimes.