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A defendant shall be punished by imprisonment for six 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
No person shall lend a means of access, promising any consideration.
Nevertheless, around 15:00 on May 24, 2016, the Defendant lent the means of access of financial institutions to the Defendant’s office located in Seongbuk-si, Sungnam-si, using Kwikwiksetset Service to send a physical card and password to the national bank account (Account Number C) in the name of the Defendant, and in return, to receive KRW 600,000 won per day and KRW 2 million per three days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes concerning details of transactions and reply materials of transactions;
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 (the crime of this case is a case of lending a means of access that can be used for the so-called Bophishing crime or Internet fraud crime, and the nature of the crime is not that of the victim in light of the fact that the means of access, such as the physical card leased by the defendant, was actually used for the crime of fraud: Provided, That the execution of imprisonment with prison labor shall be suspended in consideration of the fact that the defendant has no same criminal record, no profit has been acquired from the crime of this case, no profit has been acquired from