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A defendant shall be punished by imprisonment for six 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
No person shall borrow or lend a means of access while receiving, demanding or promising compensation.
Nevertheless, around 14:00 on May 8, 2019, the Defendant sent 20 million won in front of Seongbuk-gu Seoul, using Kwikset’s service to the name in order to lend 20 million won if the Defendant sent kwikset Card for the repayment of principal and interest. The Defendant sent the means of access, such as one kwikset Card connected to the Cbank (D) account in the name of the Defendant.
As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The F dialogue content and deposit receipt;
1. Application of the Acts and subordinate statutes on reply to a request for financial transaction information, customer information inquiry table, details of entry and departure transactions;
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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The act of lending means of access, such as the instant crime, is highly likely to cause mass damage because it becomes a planned and organized starting point of a crime, such as scaming and illegal gambling, and thus, requires strict punishment to eradicate it; further, the cash card lent by the Defendant was used for the actual scaming crime; the damage was incurred by the Defendant’s use in the actual scaming crime; the circumstances that the Defendant again committed the instant crime even two times prior to the punishment for the same criminal act, even though it appears to be favorable to recognize and reflect: the Defendant’s age, character and behavior, environment, family relationship, motive for the crime, circumstances after the crime, etc. are considered as follows.