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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 transfer or take over a means of access, or lend or take over a means of access in return for compensation.
On May 24, 2018, the Defendant promised to receive KRW 900,000 per day from his own residence located in Seo-gu, Daegu-gu, as a consideration for lending of a physical card, and lent two copies of the physical card linked to the account in the name of the Defendant (Account Number: D) and the E Bank account (Account Number:F), respectively, to the name defecter by sending the two copies of the physical card to the account in the name of the Defendant.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A H statement;
1. Certificates of deposit transactions;
1. Investigation report (attached data on response to financial transaction information), (one copy of evidence), personal information of C Bank, and detailed statement of financial transaction of C Bank;
1. Application of the Acts and subordinate statutes on account information of banks under the name of suspect A;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable sentencing factor against the Defendant, such as not only impairing the safety and trust of financial transactions, but also when the leased card, etc. can be abused as a means of other crime. The Defendant lent two copies of the card, and the leased card, etc. was used for actual fraud.
On the other hand, the defendant confessions the crime of this case, is divided, and there is no benefit from the crime of this case, and the primary crime is the sentencing factor favorable to the defendant.
In addition, the defendant's age, character and conduct, the environment, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc. are all the conditions for the sentencing as shown in the argument in this case.