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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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, on May 2, 2018, the defendant is leasing a personal card from a person who has no name to the name of the defendant for the purpose of tax reduction.
After receiving a text message to the effect that “to purchase at 2.4 million won per head of the Tong”, the same day was sent to the Gwangju Bank account (F) opened in the name of the Defendant at the place of receipt in Gangdong-gu, Gwangju, by means of “Seoul, Gangdong-gu D and E”, and then sent one copy of the physical card to the Gwangju Bank account (F) and then notified the password to the Kakao x.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to transfer;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act needs to be strictly punished because it can be used as a means of other crimes. The access medium of this case leased by the defendant is also used for the crime of fraud, the defendant reflects his mistake, the defendant is the primary offender, the defendant was not benefiting from the crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc., shall be determined as the sentence as ordered.