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A defendant shall be punished by imprisonment for not less than two 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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around May 28, 2019, the Defendant: (a) viewed the word “a job-free loan that may be made to adults; (b) contacted the name-free persons with Kakakaook to the phrase “a loan that may be made to adults; (c) would create a transaction performance and make a loan if he/she sent a e-mail card that may have a transaction performance; and (d) around May 30, 2019, the Defendant issued the e-mail card connected to the Defendant’s agricultural bank account under the name of the Defendant in Daegu Seo-gu, Daegu-gu, to the name-free persons; and (d) notified the password of the said account by telephone.
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. The application of Acts and subordinate statutes concerning financial data, transportation stations, and Kakao data;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1) of the Criminal Act provides that the means of access leased by the Defendant has been used for telephone financial fraud, but the victim of scam immediately requested payment suspension to a financial institution and does not actually incur any actual damage, there is no criminal history that has been punished against the Defendant, economic situation, etc