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A defendant shall be punished by imprisonment for six 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 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.
On August 5, 2019, the Defendant received a proposal that “When sending a e-mail card for interest withdrawal, the Defendant would borrow KRW 10 million.”
On November 26, 2017, the Defendant had been aware that the account linked to the C Card was punished for the violation of the Electronic Financial Transactions Act on the wind used for the crime of Bophishing fraud, and even though he had well known that it was used for the crime of Bophishing, etc., he accepted the proposal of a person who was not killed and sent the C card, and sent it to him on August 6, 2019. On August 6, 2019, around 09:00, the Defendant sent a copy of the C card connected to the Defendant’s agricultural bank account under the name of the Defendant to the non-resident and notified the password.
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 of E;
1. Receipt of remittance, details of financial transactions, etc.;
1. Investigation reports (verification of the same kind of power, etc.), - Application of statutes, such as written judgments;
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;
2. The defendant who committed the instant crime even though he/she had previously been sentenced to sentence.