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A defendant shall be punished by imprisonment for not less than five 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
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.
Around January 22, 2019, the Defendant received a proposal stating that “a loan of KRW 3 million may be made at an interest rate of KRW 3 million per month, but a check card shall be sent for the payment of the loan,” from an unqualified person who assumes the “B lending Company C’s agent”.
On July 2016, the Defendant was aware that, in order to obtain a loan, the Defendant would use the means of access, such as bank account numbers or physical cards, in a criminal act, if the account was transferred without permission, so that it could be used for the purpose of deposit, and that it would be used for the criminal act, such as Bosing, if the account was transferred without permission to the account holder, by informing the account number of the bank bank in the name of the Defendant and transferring the money deposited to the account.
Nevertheless, on January 27, 2019, the Defendant accepted the proposal of the wounded person, and around 12:00 on January 27, 2019, sent it to the deceased person in a manner that, in the residence located in Busan Eastdong-gu, Busan, one check connected to the F Securities Account (Account Number: G) under the name of the Defendant was put in a letter plastic bag and brought about Kwikset service article.
Accordingly, the Defendant knowingly lent the means of access to the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related H;
1. Application of statutes in one copy of the following: (a) details of the Mesenger's Mesenger's complaint, non-prosecution decision
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommendations according to the sentencing guidelines [decision of types] general crimes of violating the Electronic Financial Transactions Act [Type 1].