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A defendant shall be punished by imprisonment for not more than ten 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
No person shall borrow or lend a means of access while demanding, demanding or promising compensation.
Nevertheless, around 15:00 on June 19, 2018, the Defendant received a proposal from the Buddhist in the French-gu Seoul Western-gu that “I wish to use the account for three days and give KRW 2.4 million.” On June 20, 2018, the Defendant sent a physical card connected to the D Bank’s account (E) opened in the name of the Defendant using the home-type at the C cafeteria located in Seodaemun-gu Seoul Western-gu Seoul Western-gu, Seoul. On June 20, 2018.
As a result, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Opening details and application of Acts and subordinate statutes of transactions;
1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of sentencing as shown in the argument of this case.
favorable sentencing factors: The sentencing factors that the gains acquired by the instant crime are not verified: The means of access that the Defendant leased was actually used for the loan fraud crime; the Defendant had already been punished by a fine on March 2017; the crime of this case was not good; the existence of the so-called large passbook is essential for various types of crimes, such as the Bosing Fraud fraud; and the use of such large passbook is widely known to the general public in society; thus, there is a great need to prevent recurrence of similar cases through strong punishment for the supply of the means of access.