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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend any access medium used for electronic financial transactions after receiving, demanding or promising the consideration.
Nevertheless, on November 25, 2016, the Defendant, in front of the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government around November 25, 2016, received a promise to “to pay KRW 2 million per account if the account needs to be paid due to tax issues,” and sent the physical card to a person with no name via Kwikset’s services connected to the Saemaul Bank Account (Account Number C) in the name of the Defendant.
Accordingly, the defendant provided access media to the name in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the transaction specifications and transaction statements by account;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Selection of imprisonment with prison labor chosen;
1. In light of the fact that the crime of lending an access medium to electronic financial transactions for the reason of sentencing under Article 62(1) of the Criminal Act becomes a means to facilitate other crimes committed against many unspecified persons, such as electronic financial fraud, and the access medium provided by the Defendant was actually used for the crime of electronic financial fraud, the crime liability is unlimited, but the Defendant’s mistake is against himself/herself, the Defendant has no record of being punished for the same crime, and other conditions of sentencing indicated in the record, including the Defendant’s age, sexual behavior, environment, etc., are determined as ordered.