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A defendant shall be punished by imprisonment for six 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
No person may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.
Nevertheless, on July 2018, the Defendant issued a proposal to the effect that he would give 1,500,000 won as user fees for the three-day lending of a physical card to D staff member of a liquor company, in front of Dong-gu, Dong-gu, Dong-gu, Seocheon-gu, 2018, and sent a copy of the physical card connected to the bank account (F) in the name of the Defendant using Kwikkset’s Kwikset’s service.
As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the G’s written Acts and subordinate statutes;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the Defendant’s mistake in sentencing, and the primary offender is the act of lending means of access under the Electronic Financial Transactions Act, which not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes. The means of access actually provided by the Defendant has been used for the crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument in this case are considered.