Text
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 becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, around August 9, 2019, the Defendant listened to the statement that “if you send a physical card so that they may deposit principal and interest, you will get loans.” On the same day, the Defendant issued Kwikset through Kwikset Services one copy of the physical card connected to the CF’s deposit account (Account Number: D) in front of the CF in the name of the Defendant at the time of Busan Metropolitan City, and notified E of the password.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning F;
1. Details of conversation;
1. Reporting on investigation- Application of the Acts and subordinate statutes attached to a warrant for search, seizure and inspection;
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. The Defendant borrowed the means of access that he/she intends to obtain a loan for reasons under Article 62(1) of the Criminal Act, and the liability for the offense is not minor in terms of the fact that the means of access lent is used for fraud.
However, the fact that the defendant is recognized as committing a crime and there is no record of punishment for about 10 years, etc. The defendant's age, character and conduct, family relationship, and circumstances that are the conditions for sentencing specified in the records of this case, such as the circumstances before and after committing a crime, shall be determined like the order.