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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 any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.
Nevertheless, on January 10, 2018, the Defendant received a written message stating that he will pay KRW 3 million per account if he/she lends an account to be used in shopping mall to his/her own mobile phone from a person without his/her name, and agreed to receive compensation. On the same day, the Defendant sent a physical card connected to the Defendant’s Saemaul Depository Account (Account Number B) in front of the first leap apartment in Busan Metropolitan City, 20-ro 25,000, in front of the first leap apartment in the name of the Defendant.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. C’s petition;
1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of a statement of transfer);
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act is the first offense in favor of 0 favorable circumstances.
There is no profit acquired by the defendant.
Criminality is against the crime.
0 Unfavorable circumstances: The instant crime is highly likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions, so serious punishment is required.
In fact, the account borrowed by the Defendant was used for the crime of licensing and the victim occurred.
0. Other extenuating circumstances, such as motive for the crime and circumstances after the crime.