beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.
On March 2018, the Defendant received a proposal from a person who is an operator of the illegal sports soil site’s business to “if he/she lends only two to three days the accounts to be used for tax evasion, he/she shall win the upper-tier clocks with the upper-tier clocks, and KRW 2 million.” At around that time, the Defendant sent a clock card connected to the D account (Account Number:E) under the name of the Defendant in front of the Silung City, and informed him/her of the password.
Accordingly, the Defendant promised to pay for the price and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of statutes on enforcement data;
1. The act of lending a medium of access to the grounds for imposing imprisonment, etc. is a crime that is highly likely to be used for a crime, such as tax evasion, gambling, and scaming, and thus is highly likely to be used.
In fact, the access media transferred by the defendant was used for fraud crime, resulting in the victim, and the amount of damage also reaches about KRW 9.8 million.
The defendant has already been punished four times due to the same crime, including the suspension of the execution of imprisonment. Thus, the defendant clearly recognized that the occurrence of the victim is the preparation of a crime by the defendant.
It is reasonable to see that the responsibility for the crime is heavy.
In addition, the punishment shall be determined by comprehensively taking into account the motive and background of the crime, the circumstances after the crime, the age of the accused, the sex, the environment, etc.