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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
Except as otherwise provided for in any other Act, no person shall lend any access medium to another person for the use and management of an electronic financial transaction access medium in return for promising to receive such consideration.
Nevertheless, around August 30, 2017, the Defendant, by telephone, proposed that “the Defendant would lend e-mail card to a third million won per e-mail and per account,” from a person without the name who misrepresented B Company C’s agent. On September 2017, 2017, the Defendant lent the access media by sending e-mail card connected to the Defendant’s bank account (D) around the Dong office located in the Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City, where the Defendant’s Defendant’s work place, to the Defendant’s name, via Kwikset’s Kwikset’s Kwikset’s service, to notify him of the password and to receive the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The application of Acts and subordinate statutes to investigative reports (attached to a warrant of seizure of financial accounts);
1. On August 22, 2014, the Defendant committed the instant crime on December 22, 2015, on the grounds that the Defendant promised to receive the penalty, and transferred the passbook necessary for electronic financial transactions, cash cards, and other access media necessary for electronic financial transactions, with the promise to receive the penalty, and received a summary order of KRW 2 million from the Changwon District Court Msan Branch. On December 22, 2015, the Defendant again committed the instant crime even though he/she had the record of being sentenced to the suspension of the execution of imprisonment with prison labor in the Suwon District Court’s Suwon Branch Branch branch, and on December 22, 2015, committed the instant crime.
The defendant seems to have committed the crime of this case even though he was well aware of the fact that the access media was used for the crime of fraud in the course of being punished for the violation of the Electronic Financial Transactions Act.
The defendant's age, environment, motive and background of the crime of this case, circumstances after the crime of this case, etc. shall be determined as per Disposition, taking into consideration all the circumstances together.