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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No act of lending or lending a means of access, or keeping, delivering or distributing a means of access, knowing that it is intended to be used for a crime or intended to be used in such crime.
On July 5, 2018, the Defendant: (a) received a loan fraud proposal from a person whose name cannot be known by telephone; (b) “B Company C head of the Company C head of the Customer is the customer; (c) the customer would not be granted a loan from one financial right, but low-income bracket will increase the details of the account transaction so that the lending will be made possible by enhancing credit. To do so, if the customer’s account needs, then the customer’s account is sent, then the lending company employees would be able to obtain a loan by creating a large number of transaction records; and (d) accepted it on July 5, 2018, by using Kwikset service.” (c) around July 20:30, 2018, the Defendant sent a physical card connected to the F Bank Account (G) account under the name of the Defendant to a person whose name is unknown.
Accordingly, the Defendant delivered the means of access for the purpose of using the crime.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of Acts and subordinate statutes of transfer receipt;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the Defendant had a record of being punished by a fine for the same crime, again went to commit the instant crime, and the account delivered by the Defendant was used for the Bophishing crime, and the second damage was practically caused.
However, there are no special criminal records except for the defendant's punishment when committing the crime, the punishment of the above fine is imposed, and the circumstances leading to this case are considered due to the imminent punishment. In addition, the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after committing the crime, etc. are imposed.