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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
No person shall lend any access medium while receiving, demanding or promising the consideration.
On December 20, 2017, the Defendant: (a) sent a text message stating that “The e-mail card is used for 30,000 won per 1 unit of tax issues; (b) the Defendant provided the Defendant’s name bank account (C); (c) the new bank account (D); and (e) the Nonghyup Bank account (E) provided three copies of the e-mail card connected to the e-mailed name to the e-mailed name, and lent its access media to the above-mentioned name, for consideration, through Kwikset Service Articles.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of the detailed statement of deposit transactions and warrant reply data Acts and subordinate statutes;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are contrary to the recognition of the facts charged by the defendant.
There is no record that the defendant was punished for the same crime.
On the other hand, the access media transferred by the defendant was used to commit fraud, causing damage.
The above circumstances and other criminal defendant's age, gender, motive and result of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking account of various sentencing conditions as shown in the arguments in the instant case.