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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On March 21, 2019, the Defendant: (a) heard that “in order to obtain a loan, the transaction performance should be accumulated; (b) Habk Card 2 is needed.” On March 21, 2019, the Defendant accepted the talk that the Defendant’s name-based post office located in the Daegu-gu Seo-gu Seoul-gu Seoul-dong-dong-dong-dong-dong-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
As a result, the Defendant promised to pay for an intangible expected interest of future loans and lent the two copies of the means of access to the name in favor of the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Two copies of a report on investigation (Attachment to details of account transactions) and account transactions;
1. Transfer certificate and the contents of conversation (Evidence Nos. 4, 5 of the evidence list);
1. Application of Acts and subordinate statutes on dialogue content;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed not only impairing the safety and trust of financial transactions, but also is highly likely to be abused as a means of other crimes; the defendant lent two copies of the card; the lending card, etc. was actually used for the actual fraud: The defendant led to the crime of this case; the defendant is not guilty of the profit gained from the crime of this case; the defendant was punished for the same crime of this case; or there was no other record of punishment exceeding the suspension of the execution of imprisonment.