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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on February 19, 2019, the Defendant: (a) received a proposal from a name-free box (BB bank) who assumes a person in charge of loans that he/she had become aware of through online advertisement, stating that “A personal loan may not be made because credit is not good; (b) if a person establishes an account and transfers the account, he/she would make a loan by creating a transaction statement; (c) visited the registration office located in the Daegu Suwon-dong District Court located in Suwon-dong, Daegu-dong, Daegu-dong, and issued a business registration certificate by visiting the registration office of the juristic person on July 19, 2019; and (d) visited the Daegu-dong, Daegu-dong, Busan-dong, Daegu-dong, and issued the business registration certificate by submitting the above documents and identification card; and (e) opening the EF bank account (G) opening the 1B bank account; and (e) opening the 1B bank account with the means of access that had been used in the 1,019 Daegu-dong bus and the 1, the cargo card and its password account.
Summary of Evidence
1. Defendant's legal statement;
1. H’s petition;
1. The contents of the Kakakao dialogue, F bank replies, business registration certificates, and all certificates registered;
1. Application of Acts and subordinate statutes to each investigation report (the No. 11, 13, 17 of the evidence list);
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, various records, such as the following circumstances and the age, character and conduct, environment, motive and means of crime, and the results thereof, and the circumstances after the crime, are shown in the pleadings of this case.