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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year 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 promising any consideration, unless otherwise specifically provided for in any other Act.
Nevertheless, on March 6, 2019, the Defendant issued a proposal to the effect that “on the face of sending a physical card, the Defendant would give loans to KRW 20 million through KRW 30 million at a low interest rate of 3% per annum by raising credit rating,” and around March 6, 2019, the Defendant sent a physical card connected to the B bank account (C) in the name of the Defendant at the sealed post office located in the Nam-dong, Nam-gu, Daegu-gu, Daegu-gu, Seoul-gu, to the namelightist, and then sent one c card connected to the B bank account (C) in his/her name to the B bank account in his/her name to the namelightist, and sent the password to the namelightist.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of statutes on details of transactions, replies related to the provision of financial transaction information, details of transactions of new free savings deposits;
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 act of lending the means of access used in electronic financial transactions, such as the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act, as the instant crime, requires a strict punishment as an act assisting another crime, such as the singishing fraud, and considering the fact that the cream card delivered by the Defendant and the account of the Defendant connected thereto was actually used in the singishing fraud, etc. that are disadvantageous to the Defendant, and the fact that the Defendant recognized the facts of the crime and is divided shall be determined as per Disposition in consideration of the circumstances favorable to the Defendant.