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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.
Reasons
Punishment of the crime
No person shall lend or lend any access medium while receiving, demanding or promising compensation.
On January 31, 2018, the Defendant borrowed an account from any other person to reduce taxes.
It is used for three days on the face of lending the check card under the name of the party, and in return, 60,000 won per day on the check.
“To receive the proposal.”
In response to the proposal above, the Defendant delivered to G, who is a book for collecting the C Card sent by the said person, one e-mail card connected to the Defendant’s name bank account (E) and one e-mail card connected to the Defendant’s name bank account (F).
Accordingly, the defendant committed an act of lending an access medium while promising to receive compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect of the police to G or H;
1. Copy of a bankbook in the name of the defendant;
1. Application of the Acts and subordinate statutes on the list of physical cards collected by G;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the punishment of the crime in the instant case is not minor in light of the content and result of the crime.
However, the defendant shows his attitude to see and reflect his mistake.
There is no record of criminal punishment against the defendant.
In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.