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A defendant shall be punished by imprisonment for four 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
Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising such consideration.
Nevertheless, on September 2018, the defendant accepted the proposal that "B is operating a liquor company called "B", due to tax issues, the account under the name of another person is required, and if the account is lent for 2 to 3 days, the defendant will pay for the price of 3 million won." The defendant then sent Kwikset service articles sent the above name in front of the defendant's residence to Kwikset service article in front of the defendant's residence. At that time, the defendant sent the above name in front of the defendant's residence to Kwikset service article in front of the defendant's residence, one check card connected to the name of the defendant to Kwikset service article in front of the defendant's name.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on account transactions and replies;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. Reasons for sentencing under Article 62(1) of the Criminal Act: The lending of the means of access not only undermines the stability of electronic financial transactions and trust, but also provides the means of other crimes, such as Bosing, etc. In fact, social harm is seriously needed. The circumstances in which the means of access leased by the Defendant was used for Bosing crimes: (a) recognized the crime and reflects the fact that the means of access was used for Bosing crimes; (b) only the records of punishment once by a fine of 1990, including the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as per the disposition.