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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, on August 2017, the Defendant received a proposal that “if a person delivers a Tong, etc., the Defendant would pay KRW 200,000 to every one delivery time” from a person without his/her name (hereinafter “B”), and if a person without his/her name is informed of the place and time, contact address by telephone, he/she received a passbook, cash card,OTP card, etc. through Kwikset Service, and then sent it to the other party designated by the person without his/her name.
From October 12, 2017 to November 2, 2017, the Defendant received cash card 11, passbook 1, passbook 1, 2012, 200, and 50,000,000,000,0000,0000,000,000,0000,000,000,0000,000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,00000,0000,0000,0000,0000,0000,000,0000,000,000,00,000,00.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol of seizure and a list of seizure;
1. Application of the Acts and subordinate statutes to the photographs of seized articles and the copies of confiscated cash cards;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):