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A defendant shall be punished by imprisonment for not less than three 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 shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, around September 10, 2018, the Defendant received a proposal from a name-free person who misrepresented Bbank staff to the effect that he would have a higher credit point by repeatedly creating transaction performance by sending the check card, and then would return the check card. On September 15, 2018 or around September 16, 2018, the Defendant sent one copy of the check card linked to the name-free person’s account under the name of the Defendant E (F) using selective service from the front side of the Daegu Dong-gu C Apartmentdong Guard.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Application of Acts and subordinate statutes of the detailed list of transactions of deposits and withdrawal;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Offenses against which the sentencing criteria are not set;
2. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:
In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime
The means of access provided by the Defendant was actually used in the crime, causing damage.
The favorable circumstances: the defendant makes a confession of crime and reflects it.