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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding, or promising to receive, demand, or promise any compensation in using or managing the access medium.
Nevertheless, at the E-Jphone sales store located in Won-si, around January 2018, C pays a certain amount per unit of "the C-C-C-C-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
Upon receipt of the proposal “,” and accepting it, around February 2018, the Defendant, who was known to the general public, made a proposal that “if he/she collects e-mail cards, he/she will give KRW 100,000 per case of collecting e-mail cards” to the Defendant, and the Defendant accepted it.
Since then, C received from F on March 2018 the core chips for the use of the upper line liaison and inserted them into the cell phone and made the mobile phone, and through which C began to receive specific instructions on the delivery of the upper line from the solicitation of the head of the Tong in an irregular name.
On March 13, 2018, at around 16:40, the Defendant and C moved to the bus terminal in Gangnam-gu, Seoul, Seocho-gu, 194 due to the new distribution in Seocho-gu, Seoul, in accordance with the direction of a book for the recruitment of large-scale circulation passbooks on the above name, and C was waiting at the vehicle, and the Defendant was able to obtain a chapter 1 of the physical card (H) connected to the new bank account in the name of G from a person who was not his name before the above terminal.
As a result, the defendant and C agreed to receive the price in collusion with the collection books, F, etc. of the non-name-free passbook, and kept the electronic financial transaction access media.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;
1. Statement of the police statement related to G;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to the next inquiry session;
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. The Criminal Act, the suspension of execution;