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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.
Nevertheless, around March 9, 2020, the Defendant accepted the check with the proposal that “for three days if sending the check card, and for three million won in return, the Defendant sent the check card to the company bank account (C) with Kwikwikset service article from Gwangju Seo-gu on March 10, 2020, and notified the password to Kwikset-six.
As a result, the Defendant promised to pay for, lent the means of access necessary for electronic financial transactions.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police's statement on the defendant's legal statement D, the details of smart banking transactions, the details of transactions by account, and the details of related letters;
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.
3. Determination of sentence: Imprisonment with prison labor for four months and at least two years of suspended sentence: It is highly likely that the means of access leased can be used for crimes, such as painting, criminal proceeds concealment, money laundering, etc., and thus there is a need for strict punishment.
The means of access lent by the Defendant was actually used for the commission of fraud.
A favorable normal condition: There is no history of criminal punishment.
Recognizing and opposing his mistake.
Benefits acquired by committing the instant crime.