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A defendant shall be punished by imprisonment for six 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 lend or lend any access medium while receiving, demanding or promising compensation.
Nevertheless, on October 10, 2017, the Defendant had the honor to “B” from the person in whose name the Defendant had not been named.
As low-income alcoholic beverage sales are too high, there are many taxes.
I would like to add 600,000 won per day to the account that I want to use to reduce the amount of tax.
“On October 15, 2017, from October 15, 2017 to October 20, 2017, Kwikset service article sent to the nameless winners of the physical cards connected to the Defendant’s account (E) opened under the Defendant’s name prior to the Defendant’s Defendant’s operation.
Accordingly, the Defendant lent an access medium while receiving, demanding, or promising compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation report (the result of execution of a warrant of search and inspection);
1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions in the F name;
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. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Code of the Social Service Order: Defendant lent the approaching medium with the promise of compensation, and the nature of the crime is not good.
The access media leased by the defendant was used for the crime of Bosing.
There was no agreement with the victim on the crime of Bosing.
It was found that there was a loss of the access media by an investigative agency to be denied the crime, and that there was a false representation in the crime. The circumstances after the crime are not good.
The favorable circumstances: The mistake is recognized.
There is no record of punishment for the same crime.
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.