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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 November 2018, the defendant paid 220,000 won per head of the e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail for the purpose of saving the corporate tax amount.
On November 20, 2018, at least 20:00, Kwikset service article around the Sungsan branch office of Mapo-gu Seoul Metropolitan Government, issued four copies of the physical card in connection with the Defendant’s name Cbank account (D), B Bank account (E), F Bank account (G), and Enterprise Bank account (H) and sent it to the above bearer.
Accordingly, the Defendant promised to pay compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A protocol of suspect examination of the police officer regarding I;
1. Statement to J police officers;
1. Each data and reply (C Bank, F Bank);
1. Details of transfer applicable provisions;
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. In light of the fact that the act of transferring the means of access for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is serious harmful to the act of facilitating the crime such as tax evasion, Bosing fraud, etc., and that the means of access leased by the Defendant was actually used for the crime of fraud and its damage has been realized, there is room to view that a strict punishment is necessary.
However, it seems that the defendant had never known that he would be involved in Bosing because he had no record of punishment, and that he could be involved in Bosing, and that he would be aware of the mistake and reflect in depth, as the crime of this case.