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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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On June 3, 2018, the Defendant received a text message stating that “When sending a e-mail card, I wish to get a loan of KRW 400 to five million, I will know the low e-mail” from a person who has no personal standing in the Defendant’s residence in Hongcheon-gun, Hongcheon-gun, the Defendant issued a letter of e-mail card connected to the C bank account (D) in the Defendant’s name near the Defendant’s residence at the same day and around the same day.
As a result, the Defendant promised to receive intangible profits that can receive future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to deposits without passbooks, and written provision of financial transaction information;
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. As for the reasons for sentencing under Article 62-2 of the Probation Criminal Act, the crime of distributing the means of access, as in the instant case, is a factor that is disadvantageous to the Defendant, in that the means of access distributed are used as the means of so-called singinging crimes or as the means of delivering illegal Internet gambling funds. The account in the name of the Defendant was actually used for singing crimes, as well as the Defendant’s actual use of the account in the name of the Defendant, and the Defendant was aware of the fact that the lender of the account committed an illegal act (the Defendant was seeking to change the password after the transfer of the means of access two times and to reissue the passbook after the transfer of the means of access).
However, the defendant recognizes each of the crimes of this case.