Text
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 of the final judgment.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.
Nevertheless, on February 28, 2019, the Defendant: (a) received a proposal from a name-free person to “to provide a loan if he/she sent a e-mail card with which he/she will pay the principal and interest of the loan; and (b) delivered a e-mail card connected to the Defendant’s name (F) account at CDdong 3 located in Dongjak-gu Seoul Metropolitan Government, Seoul, through Kwikset Service Articles.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on the details of text and G message, and the details of entry and departure transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) has criminal records of being sentenced to a fine once due to the crime of violating the Electronic Financial Transactions Act,
1. Social service order under Article 62-2 of the Criminal Act;