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A defendant shall be punished by imprisonment with prison labor 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 person shall give a direction of transaction in electronic financial transactions while promising to receive any consideration, or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction.
Nevertheless, on August 2016, the Defendant: (a) received KRW 200-300,000 in return for lending an account for about one month in front of the north-gu, Mapo-si; (b) sent an OTP machine (c) in the name of the Defendant’s bank account in the name of the deceased; and (c) notified the password of the said account by telephone.
As a result, the defendant promised to receive compensation, and lent the above account access media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on response to financial information;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant, who led to the confession of the instant crime, was able to repent of his mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant’s age, environment, sex, motive and means of the instant crime; and (d) other circumstances that are conditions for sentencing as shown in the instant pleadings, including the circumstances after the crime