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A defendant shall be punished by imprisonment with prison labor for four 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
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, except as otherwise expressly provided for in any other Act.
Nevertheless, on July 18, 2018, the Defendant: (a) received a proposal from a person who was named as a first police officer to the effect that “I would establish a juristic person’s account and create a transaction performance on the face of the week; (b) established B with the Defendant as the representative director; and (c) delivered a passbook, check, and total sump connected to the bank account (Account Number D) opened by the Defendant in the name of the Defendant in the name of the first police officer; and (d) around July 18, 2018, the Defendant sent the passbook, check, and total sump connected to the bank account (Account Number D) opened by the Defendant in the name of the Defendant.
As a result, the Defendant lent a means of access used in electronic financial transactions to a person who is not his/her name in return for an intangible expected profit to receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Details of financial transactions;
1. The application of Acts and subordinate statutes to investigation reports (in response by execution of a warrant of search, seizure, and inspection and request for provision of communications data by account holders);
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the means of access which is not good for the crime by lending the means of access after the establishment of the corporation by the defendant, but is recognized of