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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing the means of access, no person shall, unless otherwise specifically provided for in other Acts, borrow or lend the means of access with the knowledge that the means of access is to be used for any crime or to be used for such crime.
Around July 2, 2019, the Defendant received a proposal from the name infixer (B.C.) who was named “scaming” (hereinafter “C”) as an organization in a foreign country, such as China, and received a loan from Kwikset and transportation expenses, separate from 3% allowances, and received a loan from F on July 15:18, 2019, for the purpose of lending the money deposited into an account connected with the card, and then came to know after withdrawing the money deposited into the account.” The Defendant received a proposal from Kwikset and transportation expenses, and received a loan from F on July 23, 2019, as shown in the attached Form No. 99, as stated in the attached Table of Crimes, for the purpose of lending it.
Accordingly, the Defendant was given a means of access with the knowledge that it would be used for a crime or used for a crime in collusion with a person with no name.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning G;
1. Police seizure records;
1. Details of the conversation between the “H counselor” I;
1. Application of Acts and subordinate statutes to investigation report (a galgrance dialogue content with a galgrishing merchant vessel and attaching a galgrance photograph);
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;
2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);