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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
No person shall lend any means of access, such as an electronic card, password, etc. used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and information thereon in electronic financial transactions, upon receipt, request or promise of the price therefor.
Nevertheless, the Defendant, at the end of June 2018, proposed that he would use only 10 days of the account and return it to the account, and that he would give 500,000 won per account to the account, and accepted it, and around that time, the Defendant opened the physical card connected to the Defendant’s name B-C account at the convenience store near the Yangsan-dong Park in Gwangju Northern-gu.
As a result, the Defendant lent a means of access used in electronic financial transactions to receive, demand or promise the payment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on the following factors: (a) the nature and risk of the instant crime; (b) the background of the crime; (c) the degree of damage; (d) the criminal records of the Defendant; (c) the criminal records; (d) the family relationship; and