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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.
Nevertheless, the Defendant: (a) received a proposal from an instigious person to “if sending a e-mail card to be used as a borrowed-name account from a private sports earth company, it would give KRW 3,00,000 per month; (b) around August 23, 2017, at around 18:00, the Defendant promised to receive the e-mail card, which is an access medium connected to D’s community credit cooperative account (E) in the name of the mother of Jung-gu, Incheon, Jung-gu, and 410, and delivered it to the needy person via Kwikset.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of a search and seizure warrant, reply, or video reply statute;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order: The defendant transferred the access media with the promise to pay, and the nature of the crime is not good.
The defendant has already been sentenced to the suspension of indictment for the same crime, and the defendant's access media transferred by the defendant seems to have been transferred with the knowledge that it would be used for the crime of Bosing.
After that, the above-mentioned access media was actually used for the phishing crime.
There was no agreement with the Washington victim.
The person who had been absent on the sentencing date and escaped, and the circumstances after the crime are not good.
The favorable circumstances: The mistake is recognized and reflected.
There is no history of criminal punishment heavier than suspended execution.
In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments, such as the motive and background of the crime and the means of the crime.