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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
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 such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, on March 9, 2016, the Defendant received a proposal from a person who assumes a false importer of precious metal to give 3 million won to 2 weeks if he/she lends the check card from a person who assumes a false importer of precious metal.
Accordingly, around March 9, 2016, the Defendant delivered one physical card in the name of Kwikset service provider in the name of C (D) of the Defendant’s birth, to the Kwikset service provider prior to the clothing store operated by the Defendant in Nam-gu, Incheon, Nam-gu.
As such, the Defendant promised to pay for and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on fraud reporting ( Bosphishing), verification of bank transaction details, C’s account transaction details, and Kakao Stockholm conversation content;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is to not only impair the credibility of the safety performance of electronic financial transactions, but also may be abused for other crimes such as Bosing, etc. In fact, it is necessary to strictly punish such act. The fact that the electronic financial transaction access media delivered by the Defendant is used for the licensing is disadvantageous.
However, it is favorable for the defendant to recognize the crime of this case and reflect it, there is no record of punishment due to the same crime or any record of punishment exceeding the fine, and the fact that he supports a sibling with disability.
In addition, the defendant's age, sex, environment, motive and circumstance of the crime, and crime.