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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Criminal facts
On August 30, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court, and became final and conclusive on January 3, 2020.
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
1. On December 1, 2018, the Defendant: (a) reported and contacted notices that the passbook needs to be provided on the Internet B website; and (b) proposed that “The Defendant would pay KRW 30 to 400,000 per month between six months and six months on the face of lending the passbook; (c) around that time, Kwikset Service sent the Defendant’s Cbank account (D); (d) an authorized certificate number including the passbook; and (d) one copy of the USB in which the file stating the account password was stored, etc. to lend the means of access, etc.
2. On December 23, 2018, the Defendant reported and contacted high-amount Abane advertising (casino money exchange) posts on the Internet, and then exchanged them with casino chips from their names, “I will be chips if I receive cash from customers. I will be francing off. I will be franc. I will be able to impose an average of 300-5 million won per month. I will be able to impose an average of 300-5 million won per month. I will be able to use in a local area.” Upon receipt of a proposal, the Defendant lent a physical card connected to the Defendant’s corporate bank account (E) at a place outside China’s urban area, and around December 23, 2018, lent the means of access to the cell phone chips with an authorized certificate.
Summary of Evidence
1. Defendant's legal statement;
1. The offender's place (the offender's place)
1. Application of Acts and subordinate statutes concerning criminal records;
1. Penalty provisions: Each electronic financial transaction act; Article 49 (4) 2 and 6 (3) 2 (each decision to punish a person with prison labor);
1. Concurrent treatment: The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;
1. Concurrent Crimes: the first sentence of Article 37 and the reason for sentencing in Article 38 of the Criminal Act.