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A defendant shall be punished by imprisonment with prison labor for up to 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
[criminal power] On June 12, 2020, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for violating the Electronic Financial Transactions Act at the Seoul Southern District Court on June 12, 2020, and the said judgment was finalized on June 20, 2020
【Criminal Facts】
No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, around December 5, 2019, the Defendant accepted the proposal that “I will help loan. I need to prepare the details of the passbook transaction for the loan. I will provide a loan by accumulating the card on a dry side. I will send the e-mail card so that I can collect interest.”
6. At around 15:00, Kwikset rendered Kwikset service prior to the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, a physical card connected to the Defendant’s name bank account (D) and issued one copy to the above bearer, and the password was informed.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. A copy of the police statement statement of the defendant E in his court statement (not more than 41 pages of evidence records);
1. Previous convictions in judgment: Criminal records, confirmation data verifying the fixed date and application of statutes of judgment;
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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc.: The following circumstances are contradictory to the following: (a) the sentence of imprisonment, suspension of execution, the number of fines criminal records, the act of lending the means of access is likely to undermine the safety and reliability of electronic financial transactions, and the act of lending the means of access is highly harmful to society as it is used for committing the crime, and thus, it is necessary