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A defendant shall be punished by imprisonment for four months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
In using and managing means of access under the Electronic Financial Transactions Act, no person shall transfer or demand, demand or promise to provide compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on November 14, 2018, the Defendant received a proposal from a person who has no personal name to the effect that he/she would pay KRW 8 million in the name of lease expenses if he/she lends his/her bank and enterprise bank account for 4-day five days. In response, the Defendant sent Bbank account (C), enterprise bank account (D) and e-mail card two connected to the above two accounts to Kwikset Service article, and then lent the means of access by notifying the person who has no personal name of the above account of text messages, and promising him/her to receive compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of investigation reports (report on attachment of printed materials of F dialogues on suspect mobile phones), and application of the Acts and subordinate statutes that capture F dialogues;
1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;
1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on a comprehensive consideration of the nature of the crime of this case, the degree of damage and whether to recover therefrom, the criminal records, age, environment, motive, means and consequence of the crime of this case, and the various sentencing conditions as shown in the records and arguments, including the circumstances after the crime.