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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, no person shall lend any access medium with the receipt, request or promise of compensation.
Nevertheless, on January 6, 2020, the Defendant received a proposal from a person who was in the name of the deceased and consented to the issuance of a physical card to the effect that “to receive interest on lending”, and then sent a copy of the physical card connected to the account under the name of the Defendant to the name in the name of the deceased using Kwikset service in front of the Defendant’s residence located in Daegu-gu, Daegu-gu, on January 6, 2020.
As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes of one copy of the verification of deposit and withdrawal, the details of replies to financial transaction information, and the Kakao Stockholm dialogue;
1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of a recommended punishment according to the sentencing guidelines [the types of decisions] the scope of a recommended punishment [the types of crimes in violation of the Electronic Financial Transactions Act] / [the Class 1] general crime [the person subject to special sentencing] mitigated elements: Where there are particularly extenuating circumstances in relation to the participation in or motive for the crime [the scope of the recommended punishment and the scope of the recommended punishment] mitigated areas;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, occupation, sex, environment, motive and means of committing the crime and the consequences thereof; and (b) the circumstances after committing the crime; and (c) the conditions of various sentencing as shown in the pleadings of the instant case, the sentence shall be determined as ordered.
The act of lending an access medium to the disadvantage is to impair the stability and reliability of electronic financial transactions and to use the access medium.