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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend any access medium under the Electronic Financial Transactions Act while demanding, demanding or promising the consideration.
Nevertheless, at around 10:00 on August 27, 2017, the Defendant received 10% of the money deposited in return for lending the account to the person in the name in front of the deceased elementary school located in 30,000, North-gu, Chungcheongnam-gu, Seoul High School at 185, 185, and sent to the Kwikseter service article who sent the above name in return for lending the account to the person in the name in the name of the Defendant’s name (B). On the same day, the Defendant informed the person in the name in the name of the above by telephone.
Accordingly, the defendant agreed to receive compensation and lent an access medium under the Electronic Financial Transactions Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on the deposit receipt of account and closure screen;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62Da138, Apr. 1, 201);