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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 borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.
Nevertheless, on February 2018, the Defendant borrowed a passbook from a person who was in the name of the senior policeman in order to use it for tax reduction or exemption.
It is necessary to pay KRW 300,000 in the month of the loan of the head of the Tong.
“On February 23, 2018, in receipt of the text message “,” and accepted it, and received KRW 3 million from the “C” page located in Andong-si, Andong-si, and sent a physical card connected to the Defendant’s new bank account (number: D) by using one unit of the card connected to the Defendant’s name.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A detailed statement of entry and withdrawal transactions;
1. Application of investigation reports (the details of transactions of financial accounts used for committing a crime) Acts and subordinate statutes;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as another means of crime for the transfer and lending of access media for electronic financial transactions. In this case, even if the access media leased by the Defendant was used for the phishing crime, damage was inflicted.
However, the defendant recognizes his mistake and is against his will.
The defendant seems to have no profit from the crime of this case.
There is no criminal record for the defendant, and there is no criminal record for the defendant who has been punished for a suspended sentence or heavier after 199.
According to the report of the loss of the Defendant, it seems that the amount of damage from the licensing was not withdrawn from the account under the name of the Defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, the number of the leased access media, and the circumstances after the crime.