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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall promise to lend the means of access to any compensation unless otherwise specifically provided for in any other Act;
Nevertheless, on August 2018, the Defendant borrowed the means of access by sending a physical card to the above-mentioned person via Kwikset Service Articles, which is linked to the Defendant’s bank account (C). In light of the above, the Defendant borrowed the means of access by lending 80,000 won per day to the above-mentioned person, if he/she loans 3 days a physical card from his/her name in which he/she operates a liquor company.
2. On September 2, 2018, the Defendant driven a FNAS car under the influence of alcohol content of 0.109% without obtaining a driver’s license from the 7K section from the 05:23rd to the 7 KK section in Yangcheon-gu Seoul Metropolitan Government to the e-road located in Yangcheon-gu Seoul Metropolitan Government.
3. Violation of the Resident Registration Act, forgery of a private signature, and the above investigation or signature event mentioned in paragraph (2) of the above Article, the Defendant was subject to the control of drunk driving from the traffic of the Seoul Yangcheon Police Station and the police officers belonging to G, Yangcheon-gu Seoul Metropolitan Government Police Station and H. The Defendant presented to police officers the I’s resident registration number under the rental car contract with his/her name face-to-face and presented the I’s name to police officers, stating the I’s “I” as a pen in the driver’s column of the circumstantial statement prepared by the police officer, and
Accordingly, the defendant used the I's resident registration number unlawfully, forged the I's signature, and exercised it.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of the police officer regarding I;
1. Statement to J police officers;
1. Report on the circumstantial statement of a drinking driver, notification of the results of the drinking driving control, vehicle inquiry, resident inquiry, driver's license ledger (A), control details, certificate of transaction confirmation, internal investigation report (B bank response data), and CCTV photograph data legislation apply 1.