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A defendant shall be punished by imprisonment for not less than three 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
Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.
On September 5, 2017, at a place that is not known to the Defendant’s name on September 11:32, 2017, the Defendant received communication to the effect that “on the face of lending e-mail cards for three days, the Defendant would offer 2 million won if e-mail cards were lent,” and then consented thereto.
9. On 17. Around Daegu Metropolitan City and Dong-gu, through C, lent a medium of access to electronic financial transactions while promising the consideration by displaying the physical card and password connected to the Defendant’s name NongHyup Bank account (Account Number: D).
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of a statement of cash transfer to an account and statutes governing receipt of receipt of money for selective transfer;
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 Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is likely to be committed in large number of unspecified victims, and to be provided for so-called phishing, etc., which is highly likely to disrupt the financial order, and the Defendant’s lending media is an unfavorable circumstance that actually used for the crime.
The fact that there is no criminal punishment against the defendant, that the defendant seems to have no profit acquired by the crime of this case, and that the defendant is against the defendant is a favorable condition.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.