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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 became final and conclusive.
Reasons
Punishment of the crime
In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.
Nevertheless, around 15:00 on January 25, 2019, the Defendant accepted the phrase “it is possible to lend a loan, and there is still a lack of customer record. If you send a e-mail card, 20,000 won loan and return the card upon completion of the loan,” and then delivered one e-mail card connected to the Agricultural Cooperative (C) account in the name of the Defendant to receive the loan through Kwikset Service news.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the statutes on details of transactions in agricultural accounts under Defendant name;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is a factor for sentencing favorable to the defendant that acknowledges and reflects the defendant's crime. The crime of this case is not only lent an electronic financial transaction medium to receive compensation but also transferred the amount of Bosing damage deposited into one's account to another account. It is highly likely that the means of access would impair trust in electronic financial transactions and be used for other criminal acts. The actual fact that the means of access leased by the defendant is deemed to have been used for crimes such as Bosing fraud, etc. is considered to be a factor for sentencing unfavorable to the defendant. It is so ordered as per Disposition in consideration of the defendant's age, character, conduct, family relationship, motive for the crime.