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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 becomes final and conclusive.
Reasons
Punishment of the crime
On July 10, 2019, the Defendant heard the proposal to the effect that “B” is “a loan may be granted, and it is necessary to receive the principal and interest payment, and the password is known to him/her.” On or around July 15, 2019, the Defendant accepted the proposal and sent it to the Kwikseter, who sent the name in front of the Defendant’s home in Gangwon-do-gun C and D, from the Defendant’s home, to the Kwikseter’s article with a physical card linked to the Dong Securities Account (E) opened in the name of the Defendant, and on the same day, notified the person who was unaware of the name of the above account.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared in F;
1. Certificate of remittance;
1. - Contents of G dialogue with the suspect.
1. Each investigation report (No. 13 and 14 No. 5 of the evidence list);
1. Application of Acts and subordinate statutes to each report on internal investigation (No. 5 through 10 of the evidence list);
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. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., and the social harm of the means of access is not severe.
The means of access leased by the Defendant was used for the crime of Bosing.
The favorable circumstances: The defendant recognized the crime of this case and reflects it.
The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.
The defendant did not take any advantage of the crime of this case.
There is no record that the defendant has been punished by imprisonment or more severe punishment.
As above, the defendant's unexpected circumstances and others.