Text
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 lend any access medium used in electronic financial transactions in return for consideration.
Nevertheless, on November 20, 2017, the Defendant received Kakao Stockholm letters from a person who was in the name of the Defendant to “in need of a passbook due to tax issues, who would make a payment at least 10% of the sales on the face of a week by lending the Kaka card.” On November 28, 2017, via C articles located in Pyeongtaek-si B on November 28, 2017, the Defendant sent 1 head of the Kak Card (Account Number D)’s account in the name of the Defendant and the password to the person who was in the name of the Defendant.
As a result, the defendant promised to receive compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of statutes on financial transaction details;
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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.
The favorable circumstances: The error is divided in depth.
No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).
D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.
It is the first crime.
Unfavorable circumstances: The access media leased by the Defendant was used for the crime of fraud (the amount of damage is KRW 8 million). The so-called large passbook is essential for the crime of various types, such as the singishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier.