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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
With respect to the use and management of a means of access, no one shall, unless otherwise specifically provided for in any other Act, borrow or lend the means of access, request or promise to receive any compensation.
On November 2017, the Defendant sent a physical card to be used for tax reduction or exemption to one month and paid one million won to it. On November 201, 2017, the Defendant sent a physical card connected to the national bank account (B) in the name of the Defendant at Seopopo-si post office located in Seopo-si with prudent 34 (Gangdong) at Seopo-si’s end on November 2017.
Accordingly, the Defendant promised to borrow the means of access for electronic financial transactions at a price.
Summary of Evidence
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Entry of a copy of the statement in C prepared by the police; and
1. Entry of a copy of the C’s petition;
1. Application of each Act or subordinate statute to a copy of each certificate of confirmation, and a copy of the details of transactions of entry;
1. The grounds for sentencing of Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act with respect to criminal facts and the instant criminal facts charged prior to June 30, 2019 are those prosecuted, and the sentencing guidelines do not apply.
【The scope of applicable sentences under law】 One month from three years to three years 【Pronouncement of Punishment】 Imprisonment with prison labor: The defendant has a record of being sentenced to a fine of two million won by violating the Electronic Financial Transactions Act from the Seoul Central District Court on April 27, 2012; the lending of the means of access is serious social harm by facilitating various crimes, such as tax evasion, Internet gambling, and hosting; the lending of the means of access is serious; and C is more favorable to the defendant that the defendant suffered 6.6 million won from the loan account of the financial institution;