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The punishment of the accused shall be determined by four months of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.
Nevertheless, around 16:00 on March 11, 2019, the Defendant: (a) received a proposal stating, “I would like to pay KRW 2.4 million per each company in return for reducing taxes from our company; (b) would pay KRW 7.2 million in return for lending the account to three days; and (c) promised to receive KRW 7.2 million in return for promising to receive KRW 7.2 million from the account in the name of the Defendant’s bank account; and (d) sent the physical card connected to the account in the name of the Defendant’s bank account (Account No. B) and the E Bank account (Account No. :D); and (b) sent the password of the above account by way of text message, such as the CC Card No. 1 connected to the E Bank account (Account No. 6) and the C Bank account (Account No. 3).
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning G;
1. Investigation report (to attach text messages that a suspect has contacted an unexplosionor) and text messages attached thereto;
1. Search and seizure warrant and correspondence data;
1. Statement of transactions by account;
1. A detailed statement of each entry and withdrawal;
1. Notice of suspension of payment;
1. Amendment and the application of Acts and subordinate statutes to records inquiry;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. As to the suspended sentence of Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing), the Defendant promised to lend three debit cards with a significant amount of rent for the reasons for the sentencing, the Defendant’s lending of three debit cards, the occurrence of telecommunications-based financial fraud damage by using debit cards, and the lending with knowledge of such circumstances