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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 one year 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on December 2018, the Defendant received a proposal from a person who has no personal name, stating that he will pay interest on the check, and accepted it, and then sent a copy of the check card connected to the Agricultural Cooperative (B) account in the name of the Defendant to the person who has no personal name in the name of the Defendant in the name of the Nam-gu, Daegu-gu. and then sent it to the person who has no personal name.
As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on response to financial transaction information;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;
2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:
Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.
The favorable circumstances: The defendant is against the defendant, recognizing the crime of this case.
Defendant has no record of punishment for the same kind of crime.