Text
Defendant
A The defendant shall be punished by imprisonment for four months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On September 6, 2017, Defendant B: (a) entered and searched “the lending of passbook” in the former website search box; and (b) consented to the proposal that “the head of the Tong and the e-mail card will be given KRW 700,000,000 in cash at the face of the e-PC toilet change box located in Kimhae-si on September 6, 2017; (c) one bank passbook (Account Number: F); (d) two e-mail cards connected to the above passbook; (e) two e-mail cards connected to the above passbook; and (e) leased the above passbook and the e-mail card, which are the access media of electronic financial transactions, while promising compensation.
2. Defendant B’s joint crime proposed that Defendant A may receive KRW 1 million when lending the passbook to a person who has no name. As such, Defendant A consented to the four lending of the passbook and divided KRW 500,000.
On September 18, 2017, the Defendants: (a) around 2367, around the point of business bank Kim Jong-ju in the 2367 Kim Jong-si, Defendant A, in his name, sent to Defendant B a paper paper containing one passbook (Account Number: I) and one physical card connected to the above passbook, and the above physical card password number; and (b) Defendant B sent the above articles to Defendant B on the ePC room change toilet in the ePC room in Kimhae-si.
As a result, the Defendants conspired to promise the price and lent the passbook and the e-mail card, which is the access medium of electronic financial transactions.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of each relevant statute;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning criminal facts, Article 30 of the Criminal Act (referring to the rate by including each access medium);
1. Imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order of community service;