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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
No person may, in using and managing a means of access, borrow or lend the means of access, requiring or promising to receive compensation therefor.
Nevertheless, at around 13:00 on August 23, 2018, the Defendant heard the phrase “in order to open a 7 million Maspbook at the center of 13:00,000, the Defendant issued a Masp Card to a person who uses the Masp Card connected to the B bank account (C) in the name of the Defendant and issued a Masp Card to a person who uses the Masp Card.”
Accordingly, the defendant, in return for the intangible expectation interest that he can receive future loans, lent the means of access to his name in return for it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to replys to requests for provision of financial transaction information, customer information inquiry table, and details of entry and withdrawal transactions (A);
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. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.
However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) the motive and circumstance of the instant crime; (c) the motive and circumstance of the instant crime; (d) the number of means of access transferred; (e) the amount of relevant damage; (e) the circumstances after the instant crime; and (e) the Defendant’s age, character, conduct, family relationship; and (e) economic