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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 commit any act of lending the means of access in return for promising the acceptance of consideration.
Nevertheless, on August 2018, the Defendant accepted a proposal to the effect that “If he/she lends a physical card to a third party for a day, he/she will give 3.3 million won in return for the loan of the physical card to a third party for a day.”
Accordingly, the Defendant
8. 20. In the Daejeon Dong-dong BBC, the Defendant’s office, sent one physical card connected to the DB bank account (Account Number: E) under the name of the Defendant to the address known to the above Kwikseter of his name, and also notified the password to the cell phone.
Accordingly, the Defendant promised the acceptance of compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes to replys to requests for the provision of G content photographs and financial transaction information, investigation reports (attached photographs of the details ofG and details of transactions in and out of deposits);
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 grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence include: (a) the Defendant agreed to receive compensation and lent a means of access to financial transactions; (b) the said media was used for scaming crimes; (c) the criminal liability is grave in light of the substance of the relevant crime; and (d) the Defendant had the record of criminal punishment several times; (b) the Defendant’s confession of the instant crime; and (c) the favorable circumstances, such as the Defendant’s confession of the instant crime; (d) the Defendant has no record of criminal punishment for the same kind of crime; and (e) the Defendant’s age, character, and environment; (e) the background, means and consequence of the relevant crime;