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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
No person shall borrow or lend a means of access used in electronic financial transactions while demanding, demanding or promising the payment.
Nevertheless, on November 1, 2018, the Defendant borrowed a text message from a person who was not the name of the Defendant to the account of another person for tax reduction and exemption. The Defendant received a proposal and consented to it for three days and paid three million won. On the same day, the Defendant issued a physical card connected to the D Bank account (E) in the name of the Defendant in front of the C Factory in the name of the Defendant at the end of the C Factory in the same day.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions to others.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on deposit certificates;
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;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the means of access leased by the Defendant was used for the crime of Bophishing fraud, etc. is disadvantageous.
However, the sentence shall be determined as ordered by comprehensively taking into account the favorable circumstances such as the fact that the defendant recognized the crime, the fact that there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the trial process.