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A defendant shall be punished by imprisonment for six months.
However, 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 the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, the Defendant, on September 6, 2019, proposed to the effect that “I would like to lend money to the Defendant’s own funds, if I would like to have the Defendant employed the Defendant as the employee for the purpose of tax reduction and exemption of company taxes,” and that “I would like to lend money for the Defendant’s own funds,” and around September 7, 2019, I sent a physical card with the password card with the password number linked to the Defendant’s name bank account (G) and H bank account (A: I) from the Defendant’s “E,” located in Daejeon-gu, Daejeon-gu, as of September 7, 2019, respectively.
Accordingly, the Defendant promised to provide compensation and lent the means of access respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement to J police officers;
1. A report on investigation;
1. The details of the provision of financial transaction information, customer personal information inquiry, transaction application, specification of transactions, authenticity, transfer certificate, transfer certificate, statement of transaction of H Bank, financial code inquiry table, Kakao Stockholm dialogue;
1. Application of the CCTV photograph Acts and subordinate statutes to the closure of a CCTV screen;
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;
1. Selection of imprisonment with prison labor chosen;
1. The instant crime under Article 62(1) of the Act on the Suspension of Execution is serious. In light of the circumstances where the victims of the instant crime were actually involved, the responsibility for the instant crime is heavy, the Defendant is highly likely to be subject to criticism in a single case, and the Defendant is able to be subject to criticism.