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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
The Defendant, with the knowledge of the fact that he could receive a certain amount of money when lending a check, which is an access medium, through a mobile phone advertising message received from a person who is not his name, was willing to lend the check card.
On March 25, 2017, the Defendant sent a false name card, etc. of a national bank (B) in the name of the Defendant at the street room in front of the 1062-1 Eart 1062-1 Eart-gu Office of Gangwon-si, the Defendant, on the condition that he/she receives three million won per five days from the national bank (B) in the name of the Defendant.
On the one hand, Kwikset service articles were sent to Kwikset service articles.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Details of account transactions and the application of Acts and subordinate statutes on investigation reports (Attachment of text messages);
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. Considering the purport of the law that intends to prevent financial fraud by strictly punishing the act of transferring or lending a medium of access to the reason of sentencing under Article 62(1) of the Criminal Act (the following sentencing should be taken into account), it is necessary to strictly impose the Defendant’s liability.
The Defendant’s access media was actually used for licensing crimes.
However, the defendant has no record of criminal punishment in addition to a fine imposed once, and confessions a crime and repents a mistake.
In addition, the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., shall be determined as ordered.