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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 other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.
On September 26, 2017, the Defendant requires an account to be used in the Company from a nameless person (one named B agent) who had contacted with his/her cell phone around September 26, 2017.
On September 27, 2017, at around 15:00 on September 27, 2017, Kwikset service provider was sent a physical card connected to the SC bank account in the name of the Defendant and a physical card connected to the new bank account (D) in the presence of the Yeonsu-gu Incheon Office, Yeonsu-gu Incheon Office, to the Defendant’s nameless Kwikset service, and the password was notified by telephone.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the police officer on December 18, 2017 against the defendant;
1. Each police statement made to E and F;
1. Responses to financial transaction information and receipts for entering and withdrawing;
1. Application of investigation reports (verification of details of new bank account transactions lent by a suspect A) Acts and subordinate statutes;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (it is so decided as per Disposition, including the fact that there is no criminal record of the defendant, but many money was deposited in the access media lent by the defendant).