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A defendant shall be punished by imprisonment for six months.
except that 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
No person shall, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising to provide means of access.
A. Nevertheless, on June 1, 2019, the Defendant: (a) received a proposal from a person without a personal name, stating that “I will pay KRW 300,000,000 to the trading company B’s agent; (b) one account to be used for the purpose of tax reduction and exemption, one million won per day; (c) send a physical card connected to the account under one’s name.” (d) around 12:00 on June 7, 2019, the Defendant sent a copy of the physical card connected to the account under one’s name to the account under one’s name and sent the password to the person without a personal name.
B. In addition, around July 2019, the Defendant received a proposal from a person who was not the deceased’s name to the effect that “a loan can be made immediately with a low fee, and a physical card to be used for the repayment of the principal and interest for each month is sent to the Defendant,” and around July 2, 2019, at the Jeju Fence post office located in the name of 150, the Defendant sent one physical card connected with the Defendant’s mother G deposit account (Account Number: I) to the non-known person, and notified the Defendant of the password.
Accordingly, the Defendant provided, demanded or promised compensation, and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to J;
1. The K's statement;
1. Details of each Lone conversation;
1. Application of the new Acts and subordinate statutes on financial transaction information;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant committed a crime on two occasions, each of the leased accounts was used for the crimes of Bophishing, on the other hand, the defendant was an initial crime without any previous conviction, and such circumstances are unlikely to be predicted.