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창원지방법원 2020.05.22 2019고단3995

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.


Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, upon receiving a proposal from a person under whose name the Defendant was named, consented to the effect that “When sending a cream card to be used to withdraw interest interest, it will execute the loan.” On September 30, 2019, at the Busan Busan Jin-gu B Many Guard Office, the Defendant sent a physical card, which is a means of access connected to the Defendant’s bank account under the name of the Defendant, via Kwikkset service, sent the password of the said account to Kakaox.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to detailed statement of deposit transactions, customer personal information, and certificate of deposit transaction performance;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of sentence under law] 1 month or 3 years [the decision of a sentence] ] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] : simple participation [the general person] - where there is no actual amount of profit or minor amount of profit: In the absence of substantial amount of profit, serious reflect [the scope of recommendation] mitigation area, 1 month or month to 6 months [the suspended sentence] - there is no positive reason for positive participation - there is no amount of profit: simple participation, there is no criminal power - If there is no actual amount of profit, or there is no amount of profit: Social relation, clear relation, and serious reflect [the decision of a sentence] 4 months period of suspension of execution. The act of lending the means of access is all kinds of crimes, such as tax evasion, Internet gambling, phishing, etc.