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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
On January 23, 2019, the Defendant sent a physical card (including a password) connected to the bank account in the name of the Defendant at the home of the Defendant located in Daegu Southern-gu B, on a three-day basis, with the proposal that “The Defendant would pay 800,000 won per day of lending the physical card under his personal name for the reduction or exemption of alcoholic beverages.”
As a result, the Defendant promised to pay for, lent a password necessary to use the e-mail card and the e-mail card, a means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to warrant of search, seizure and verification;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant lent the means of access with the promise of compensation, and that the means of access leased was used for committing fraud, etc. is not minor.
However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, and circumstances before and after the crime, are equally considered and the punishment as ordered shall be determined.