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A defendant shall be punished by imprisonment with prison labor for up to six 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 person shall lend or receive a cash card, a password necessary for using the cash card, and a cash card issued by a financial institution, or a passbook, etc. when demanding, demanding, or promising to provide, demand, or promise the price therefor.
Nevertheless, the Defendant, on April 5, 2017, sent the physical card and password of the company bank account (C) in the name of the Defendant to the name in the name of Kwikset service article, on April 5, 2017, to the effect that “A person who intends to obtain a low interest loan shall enhance credit rating, and if the head of the Tong is sent to him/her, he/she may lend to him/her a maximum of 30 million won by raising credit rating.”
As a result, the Defendant promised to receive intangible expectation interest for future loans by raising credit rating, and lent a accessible medium to the name of the accused.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on internal investigation (Attachment, etc. of a detailed statement of transfer of transactions);
1. Application of Acts and subordinate statutes to report on investigation (a warrant of search and inspection attached);
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 concerning the selection of punishment, the selection of imprisonment;
1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the following grounds for sentencing) is not only detrimental to the trust in electronic financial transactions, but also a crime of which the nature of the crime is not weak because the leased access medium is highly likely to be used for other criminal acts.
The defendant's access media was actually abused for fraud crime, causing damage.
On January 24, 2017 and February 6, 2017, the Defendant was subject to the suspension of indictment twice for the same crime, and thereby, he/she is aware that the transfer or lending of the access media constitutes a criminal act and may be abused for other crimes.