A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any approaching medium, or store, deliver or distribute any approaching medium, with the intention of receiving, demanding or promising the consideration.

Nevertheless, on May 27, 2017, the Defendant heard the proposal that “a person without a name claiming a shopping mall operator raises a physical card for tax reduction and exemption, which would pay KRW 300,000,000 per month to the account.” On May 29, 2017, the Defendant opened the credit cooperative (B) account in the name of the Defendant, and around that time, up to that time, up to May 29, 2017, up to the Defendant’s employees, up to the Kwikset’s name with respect to Kwikset’s service article in the vicinity of the Government-Sightseeing Building of the Defendant’s workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to reply to the execution of a trading statement and seizure warrant;

1. Relevant legal provisions and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (non-establishment of sentencing guidelines) is that the Defendant lent a physical card, which is an access medium to a name-oriented person for his own economic interest, to the Defendant. Such a means of access such as the physical card, etc. are likely to be used for the so-called “scaming crime,” and in fact, the above physical card is used for the scaming crime. In light of the above fact, the Defendant’s liability is not weak.

However, the defendant recognized his mistake and is in profoundly against himself.

There seems to be no benefit accrued from the crime of this case.

It is only the one-time penalty of a fine, and there is no record of the same crime.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, and circumstances after the crime.