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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of 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 lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any access medium while receiving, demanding or promising the consideration.
Nevertheless, on March 30, 2018, the Defendant sent a physical card to be used for tax reduction or exemption from a person who assumes the position of an employee of a liquor company on March 30, 2018.
“Along on March 30, 2018, in the vicinity of Daegu-gu, Daegu-gu, a total of two pages, including Kwikkset, connected to the National Bank Account (D) in the name of the Defendant, and physical card 1 connected to the Saemaul Bank Account (E) in the name of the Defendant, sent the Cock Card in the name of the Defendant, and lent its access media with the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of the details of transactions of deposits and withdrawals, the replys to warrants, and the Acts and subordinate statutes;
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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.
In addition, the access media that the defendant lent is actually used for fraud crime, and that the check card that the defendant lent is two is disadvantageous to the defendant.
On the other hand, the defendant's mistake is against the defendant, the defendant did not receive any specific benefit from the crime of this case, and the defendant suffers any damage on his own.