Text
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
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in electronic financial transactions.
Nevertheless, on December 2016, the Defendant received a text message stating “payment of KRW 2 million for the use fee of a sports earth and sand” that sent the name of a mobile phone to a police officer on the early 2016. On the 21st day of the same month, the Defendant sent one physical card connected to the new cooperation account (C) opened in the name of the Defendant at 205 Dong-dong 205, the second day of the same month to the Kwikset service officer who sent the above name and sent the secret number by telephone.
Accordingly, the defendant agreed to receive compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of account transactions and application of the Acts and subordinate statutes on application for account opening;
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. In light of the fact that the Defendant’s account for sentencing under Article 62(1) of the Criminal Act is used for the criminal act of licensing, etc., the Defendant is not subject to the liability under the light of the considerable social harm caused by the instant crime.
The punishment shall be determined in consideration of the fact that the defendant has no record of crime of the same kind and imprisonment without prison labor or heavier punishment and is against it.