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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall receive any consideration and lend any access medium in using and managing the means of access.
Nevertheless, on February 2, 2019, the Defendant received a proposal from a person without his/her name, stating, “When sending a business passbook with a physical card, he/she will make a loan by accumulating the transaction performance.” On March 2, 2019, the Defendant sent one head of the Tong, which is linked to the C Bank Account (D) in the name of the limited company B, to the above-mentioned person through Kwikset Service.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The application of Acts and subordinate statutes on internal investigation reports and accompanying materials;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Electronic Financial Transactions Act due to the respective lending of means of access);
1. Selection of imprisonment with prison labor chosen;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The act of lending a means of access to another person is easy to commit various crimes, such as singing, and the liability for such crimes is not less minor.
The account linked to the means of access in this case was actually used for the singishing crime.
A favorable circumstances: The defendant recognizes a crime and repents his/her mistake.
It seems that the defendant committed a crime by deceiving the speech of a person who has not received the name that the defendant would have harmed the loan, and there is no profit actually acquired.
It shall be after the punishment of a fine has been imposed for a non-identical crime in 198.