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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 became final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, at around 14:00 on August 22, 2016, the Defendant lent the access media, such as physical cards and passwords, connected to the account (C) of the Defendant’s name to the bank account of the Defendant on the condition that the Defendant would receive KRW 600,000 per day in front of 106 apartment B apartment units 10,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on investigation (attaching details of transactions);
1. A warrant for search and inspection;
1. Account transactions, etc.;
1. Certificates of deposit transactions;
1. A written answer;
1. Application of statutes to copies of resident registration certificates;
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 access media that transferred to the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act can be used for other crimes, such as scaming, etc., such crimes need to be punished, so it is inevitable to punish such crimes.
However, the sentence shall be determined as ordered by taking into account all kinds of sentencing conditions disadvantageous to the defendant, such as the fact that the amount of the defendant acquired is less than the previous amount and there is no previous criminal record, and the age, sex, and circumstances after the crime, etc.
It is so decided as per Disposition for the above reasons.