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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 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 while receiving, demanding or promising to receive compensation.
Nevertheless, on November 4, 2016, the Defendant received KRW 700,000 per day from a person who has no name from the person who was in the name of the Defendant at a three-dimensional place on March 4, 2016, and transferred the physical card and password of the Saemaul Treasury Account (C) in the name of the Defendant to the Buddhist Kwikseter.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the Saemaul Savings Depository materials;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The act of lending the access media with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, such as the instant crime, can be used for the crime such as Bosing, etc. In fact, considering that there was a fraud by using the access media that the Defendant lent, the nature of the crime is not somewhat weak.
However, the sentence shall be determined as per the order by comprehensively taking into account the conditions of sentencing as shown in the pleadings, such as the fact that the defendant led to his mistake and reflects, the health status of the defendant.