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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend a means of access or keep, deliver or distribute the means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, around 17:45 on April 9, 2015, the Defendant received an order from a person who was not his/her name, and received a name-based company bank account (64-02788-01-022) from a person who was not his/her name, and received a passbook, cash card, USB, OTP card, etc. from a person who was not his/her name, with the knowledge that it will be used for a crime.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. Seizure records;
1. Application of Acts and subordinate statutes to investigation reports (investigation of criminal offenders and telephone communications of informants);
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts;
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (the defendant was aware that the means of access would be used for the crime, or could have been fully recognized, and the liability for the crime is heavy. However, the defendant actively cooperates in an investigation after arrest, and the actual gain is not significant, and the defendant's role appears to be the degree of simple participation, and there are no criminal records of the same kind or suspension of execution or more, and there are no criminal records of the same kind of work as a company member, and social conviction is formed).
1. Social service order under Article 62-2 of the Criminal Act;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;