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A defendant shall be punished by imprisonment with prison labor 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
Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall borrow or lend any access medium with the knowledge that it will be used for a crime or for receiving, demanding or promising any consideration.
Nevertheless, on December 2, 2017, the Defendant would make a loan by setting up the transaction details when sending a physical card by telephone from a person who was in a name of a police officer.
“In receipt of the proposal, the Defendant cannot obtain credit loans in a normal way. As such, the Defendant lent access media connected to the Defendant’s account to the said person, putting them up with false transaction records, and then, submitted it as if it was the Defendant’s normal transaction records, and intended to lend access media for the purpose of using it for the fraud of receiving credit loans.
On December 2, 2017, the Defendant sent two physical cards to an express bus bus stop, which are linked to the Defendant’s name bank account (B) and one bank account (C) from the Kimhae-si’s passenger terminal located in 2232 as Kim Jong-si, Kim Jong-si, Kim Jong-si, 15:00.
Accordingly, the defendant lent the access media for the purpose of using the crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of statutes on the inquiry of customer information and details of entry and departure transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, which facilitates various crimes, such as tax evasion, Internet gambling, and Bosing, is highly harmful to the society.
The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.
The Defendant had no record of punishment prior to the instant case.
Defendant.