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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
Nevertheless, on January 12, 2018, the Defendant: (a) made a false transaction performance and obtained a loan from a lending company by deceiving the lending company by raising credit rating; (b) obtained a so-called “illegal work loan”; and (c) informed a person whose name is unknown of the account number, password, and (d) the number of account numbers, password connected to the account (G) of the Defendant’s name, and the number of OTP numbers necessary for Internet banking at the time of online banking.
As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. A H statement;
1. Each investigation report (attached a written decision not to prosecute any violation of the Electronic Financial Transactions Act, and attaching details of transactions in the bank account of Korea);
1. Application of a detailed statement of account transfer transactions and a seizure warrant reply statute;
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination on the defense counsel’s assertion of protection observation and community service order under Article 62-2 of the Criminal Act
1. The gist of the allegation was known to the Defendant at the time of withdrawing the money deposited in the account under the name of the Defendant.
The notification of the OTP password at each specific transaction time was made by the comprehensive consent for the use of the access medium to the user of the access medium.
As such, it cannot be seen.