Text
A defendant shall be punished by imprisonment for not less than three 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, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, around October 29, 2018, the Defendant: (a) received a proposal from a name-free person who misrepresented the borrower to the effect that “if sending a e-mail card, he would make false entries into the lending company and get loans; and (b) would return the e-mail card; and (c) around that time, the Defendant sent one e-mail card connected to the Defendant’s name-free person’s bank account (D) at Kwikset-gu stores located in Daegu-gu B department stores.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes on bank correspondence data;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing guidelines are not set. 2. The sentencing guidelines are not set: the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the arguments in this case, shall be determined by taking into account the following circumstances and the conditions of various sentencing.
The act of transferring or lending a means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also to facilitate other crimes.
The means of access transferred by the defendant was actually used for other crimes, causing damage.
The favorable circumstances are confession and reflective, and the damage has been recovered.
There is no particular criminal power.