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A defendant shall be punished by imprisonment for six months.
However, 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
In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.
Nevertheless, on April 2018, the Defendant received a proposal to the effect that “the Defendant would have a loan by raising the transaction performance if he sent a physical card” from a deceased person on his name, and accepted it without checking at all the personal information, place of work, institution that provides loans, and whether the above deceased person actually belongs to the above institution, and then, at around that time, delivered a copy of the physical card connected to B bank account (Account Number C) in the post office under the name of the Defendant at the office of office in accordance with the Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Warrant reply data (A), such as the details of financial transactions B;
1. Decision of the District Court 2018 High Court Decision 2018 High Court Decision 1458 High Court Decision 2405, 3532 and 4996
1. Application of Acts and subordinate statutes on seizure records and list of seizure records to the District Court 2018 Highest 1458 Highest 201
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. Article 62 (1) of the Criminal Act;
1. The lending of the means of electronic financial transactions, promising the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, is necessary as it could compromise the security and reliability of electronic financial transactions, and the means of access can be abused for other crimes, such as singinging, fraud, etc.
The Defendant was sentenced to suspension of indictment due to the transfer of the means of access or repeated crimes despite the fact that he was punished by fine.
However, the defendant is guilty of committing a crime and reflects the credit rating.