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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.
On September 9, 2016, the Defendant offered a proposal to the effect that “The Defendant would pay KRW 150,000 won per day on which he/she lends a cash card related to the account, and KRW 3 million per month,” and on the same day, he/she lent a cash card with the Defendant’s new bank account (B) related to the bank account under the name of the Defendant through Kwikset Service Articles, through Kwikset Service Articles.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to C by the police in the protocol; and
1. Application of the Acts and subordinate statutes stated in an investigation report (Attachment to financial information data);
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)
The Defendant’s access media in this case was actually used for singishing crimes and was damaged (Evidence No. 10,28 pages). If the Defendant did not lend the access media, it would have not occurred that a decent person would have become the victim of financial fraud.
Therefore, the defendant will be sentenced to imprisonment.
Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant led to an offense, the fact that there is no previous conviction, and the lent access media relates to one account, and community service shall be ordered in consideration of the aforementioned circumstances.