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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall lend any access medium to any third person upon receiving, demanding or promising any consideration.
Nevertheless, on April 13, 2017, when it is impossible to lend a e-mail card to a person without his/her name, the Defendant received a proposal to allow him/her to lend a e-mail passbook amounting to KRW 50 million, and on April 14, 2017, the Defendant sent the e-mail card to a person without his/her name at the nearby old-si (B) around 15:58, 2017.
The Kwikset service article sent a physical card linked to the company bank account (C) in the name of the defendant to the name in the name of the defendant.
Accordingly, the defendant, in return for the promise, lent the physical card, which is an access medium, to the name in return for the promise.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made with D;
1. Application of Acts and subordinate statutes on the increase of transfer details;
1. Articles 49 (4) 2 and 6 (3) 2 of the Act on the Violation of the Act on the Electronic Financial Transactions and Trade, the selection of imprisonment for a crime;
1. The fact that the Cze Card offered by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act in the suspended sentence was used for singing with severe social harm, and that it was possible for the Defendant to see it as well;
The fact that they look at is considered disadvantageously.
However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, economic difficulties are expected to lead to the crime of this case, and there is no punishment for the same kind of crime.
In this regard, the sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, are considered.