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A defendant shall be punished by imprisonment for six months.
except that 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 the means of access, no one shall lend the means of access while receiving, demanding or promising any consideration, unless otherwise specifically provided for in any other Act.
Nevertheless, on October 15, 2019, the Defendant listened to the statement that “the Defendant borrowed an account as a company that distributes imported alcoholic beverages from tax issues, such as customs duties, and if the Defendant lent for three days, he would pay three million won per card.” On October 15, 2019, at around 16:21 of the same month, the Defendant sent a physical check card connected to the Defendant’s name (D) account under the name of the Defendant at around 18:21 of the same month, and sent one check card connected to the Defendant’s post office account (E) under the name of the Defendant, and sent the above account’s secret number to Kakao Stockholm messages.
As a result, the defendant promised to pay compensation and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes concerning details of transactions and Kakao Stockholm conversations;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);