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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing the access medium for electronic financial transactions.
Nevertheless, on November 27, 2017, the Defendant sent 2,100,000 won to the Defendant’s account (F) bank in the name of the Defendant at the business office located in Gwangju-gu, Gwangju-gu, to the effect that “The Defendant would pay KRW 2,100,000,000 for three days each day from the date of lending 3,000 won for alcoholic beverages reduction benefits.” The Defendant received a proposal and agreed to receive KRW 4,20,000 on November 28, 2017, and then sent 2,000,000 to the bank account (G) in the name of the Defendant at the business office located in Gwangju-gu, Gwangju-gu and the bank account (G) and the bank account (G).
As a result, the Defendant promised to pay for, lent the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. Application of Acts and subordinate statutes on a separate account list;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of criminal punishment, the defendant has not acquired any benefit from the crime of this case, and the age, sex, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case, shall be determined as follows.