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A defendant shall be punished by imprisonment 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.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.
Nevertheless, on June 4, 2019, the Defendant received a proposal from an unsatisfyer to the effect that “on the face of sending a satisfy card to allow withdrawal of principal and interest,” and sent one satisfy card connected to the account of a national bank in the name of the Defendant to an unsatisfyer through Kwikset service.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on transfer certificates and Kakao Stockholm dialogue details;
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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Incompetence] is a crime that is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.
In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.
【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.
In other words, there is a wrong recognition and contradiction.
There is no benefit acquired through the instant crime.
There is no previous record of the same offense and no other record of punishment.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.