Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall lend any access medium with a consideration or lend any access medium for a consideration in using and managing the access medium for electronic financial transactions.
Nevertheless, the defendant extended the passbook to the Internet search, reported that 50,000 won is given to the person with no name, contact with the person with the name, and had the defendant lent the passbook, etc.
On January 2015, the Defendant: (a) around the Defendant’s house located in Masung-si B, the head of Tong, password, cash card, security card, and USB in the name of the Defendant through Kwikset Service staff, and received KRW 500,000,000 per month in total for four months, via Kwikset Service staff.
Summary of Evidence
1. Statement by the defendant in court;
1. The offender's domicile (additional suspect);
1. Application of Acts and subordinate statutes on investigation reports (Attachment, etc. of details of account transactions transferred by suspect A);
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the option of imprisonment for a crime; the option of imprisonment for a crime
1. The crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, is likely to undermine the trust in financial transactions, and the crime of this case is not deemed to have been committed, and the defendant gains 2 million won in return for lending the accessible medium, etc., which is disadvantageous to the defendant.
However, considering the fact that the defendant's mistake is recognized and against the defendant, and that there is no record of punishment for the same kind of crime prior to this case, it is ordered as per Disposition by comprehensively taking into account the circumstances leading to the crime, circumstances after the crime, the defendant's age, sexual conduct, etc. and all the sentencing conditions as shown in the changed theory.