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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.
Nevertheless, at around 17:00 on January 18, 2017, Defendant A issued one copy of the physical card connected to the post office account in the name of Defendant A to D, who had been under his/her own initiative and received the instructions from the non-scamb in return for lending the passbook necessary to reduce tax amount of KRW 2 million from his/her name and non-scamb.
Accordingly, Defendant A promised to make a payment and lent a medium of access to electronic financial transactions.
Summary of Evidence
1. Defendant A’s legal statement
1. A written statement;
1. A certificate of transfer confirmation;
1. Warrant reply, - Inquiry into details of financial transactions;
1. Details of letters and the application of CCTV Acts and subordinate statutes;
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 fact that the reason for sentencing under Article 62(1) of the Criminal Act is actually used for another crime, the records of the crime (not less than four times before the sentence), the circumstances of the crime, etc.