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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 an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.
On August 2016, the Defendant gave 1.5 million won per 1.5 million won per page from a person who borrowed an account related to sports soil from his name in front of the D factory located in Seojin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).
“The” listens to horses and lends one cash card, which is an access medium connected to the account (E) of one’s own name, to Kwikset Service and lends the access medium.
Summary of Evidence
1. Statement by the defendant in court;
1. Copies of the police statements made to F and G;
1. Application of Acts and subordinate statutes, such as an account separate statement;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant appears to have been able to have expected to use the access media for the unlawful purpose of crime, etc.; and (b) the Defendant’s access media was used for the crime of fraud and resulted in secondary secondary damage; (c) even if considering favorable circumstances, such as the fact that the Defendant was unable to receive the transfer price, and there was no benefit of acquiring the instant crime, and that the Defendant did not have the record of criminal punishment and that the Defendant’s mistake was in depth, the Defendant should be punished by imprisonment, even if considering favorable circumstances, such as the Defendant’s failure to receive the transfer price, and the Defendant
Determinations shall be made.
However, considering the above-mentioned favorable sentencing conditions, various sentencing conditions such as the defendant's age, sex, environment, etc., the term of punishment shall be determined as per the disposition, and the execution thereof shall be suspended on condition of social service.