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A defendant shall be punished by imprisonment for six 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 keep, deliver or distribute such medium, with respect to the use and management of any access medium.
Nevertheless, on February 12, 2018, the Defendant borrowed a e-mail card in order to remove alcoholic beverages without taxes from his/her name and will use 3 days and give a total of 2.4 million won when he/she lends the e-mail card in order to remove alcoholic beverages without taxes.
“After accepting the proposal, the account holder was dried with one head of the physical card connected to the national bank account (C) under the name of the Defendant and the password.
As a result, the Defendant promised to pay the price and lent the access media to financial institutions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Responses to a request to provide information on financial transactions, customer information inquiry table (recognized matters), details of entry and departure transactions, printed matters of financial company code inquiries, and application of Acts and subordinate statutes of inquiry on deposits;
1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;
1. The fact that the cream card lent by the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act was used for the crime of Bosing: Provided, That the fact that the defendant has no same criminal record, and that he reflects the fact that the defendant is recognized to commit the crime;