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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 borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.
Nevertheless, on February 2017, the Defendant tried to use the borrowed account to obtain tax reduction or exemption from the person who was in an infinite name.
In the proposal of "to give 6,500,000 won on the face of a week", three card was used to lend an access medium and to acquire cash.
On February 16, 2017, the Defendant lent three accessible media at the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, and promised to receive KRW 6,500,000,000 in return, and lent its access media by promising to receive KRW 6,50,000 to receive the national bank account (Account Number C) in the name of the Defendant, 1 C, 1, 1, 1, 1, 1, 1, 1, 1, 2, connected to the bank account (Account Number: E) in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Documents and written statements prepared by the F;
1. A certificate of deposit;
1. Application of the reply statute
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the criminal defendant is pening in depth);