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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
No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium used for electronic financial transactions.
Nevertheless, on March 2, 2018, the Defendant heard that “I will return the e-mail card if you send it, and will give KRW 2,000,000 per day of the card.” On the same day, at around 17:20 of the same day, the Defendant sent the e-mail card in the name of the Defendant to the e-mail article in the name of the Defendant.
Accordingly, the defendant promised to receive compensation, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes to the copies of this letter;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's name, the defendant's primary crime, the defendant's failure to obtain benefits from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., as shown in the argument of this case, shall be determined as ordered.