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A defendant shall be punished by imprisonment with prison labor 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
Except as otherwise expressly provided for in any other Act, no one shall borrow or 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 third person while receiving, demanding or promising to do so.
Nevertheless, on September 20, 2017, the Defendant sent a e-mail card from a person who is an employee of a new bank with no name known prior to the central branch of a new bank in Changwon-si around 16:00 on September 20, 2017, to enable a loan by accumulating transaction performance.
“I hear the horses to the purport, and inform the passwords of each physical card connected to the new bank B account in the name of the Defendant, Gyeongnam C account, and the Nong Bank D account, and 3 copies of the above physical card were included in the mail envelope to the person whose name is unknown at the time of the above day.
Accordingly, the Defendant lent to others access media by receiving and promising the price in the above manner.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the details of financial transactions, each seizure warrant and reply data statutes;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, which facilitates various crimes, such as tax evasion, Internet gambling, and Bosing, is highly harmful to the society.
The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.
The defendant has no record of criminal punishment after he/she has been punished once by a fine in 1988.
There are circumstances that may be taken into account the circumstances leading to the Defendant’s instant crime.
In addition, the age, sex, environment, and the number of access media leased by the defendant, and after the crime.