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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 two years 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on January 2020, the Defendant received a proposal from D that “If he lends a e-mail card and password so that he can use the e-mail card and password, he will pay a fee equivalent to KRW 9-1 million per won per 6 million won.” On January 1, 2020, the Defendant directly posted the e-mail card connected to the account in the name of the Defendant to e-bank (F) and informed D of the password of the above e-mail card’s password, which was linked to the account in the name of the Defendant.”
In addition, from the above date to February 28, 2020, the Defendant lent 7 physical cards in total at least four times, as shown in the annexed crime list, and notified the password.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. Application of each detailed statement of accounts transactions of financial transaction information to statutes;
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The act of lending the means of access to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reasons for sentencing") is an act that facilitates various crimes, such as tax evasion, scaming, etc., and such social harm is serious.
In addition, the Defendant lent a total of seven means of access, including one’s wife and friendly means of access.