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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall be allowed to borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
On December 12, 2018, the Defendant: (a) heard the statement that “B” was introduced as the “B” of the head of the liquor company’s team; (b) “I would like to divide the sales price of alcoholic beverages excessively and there are taxes; and (c) if I lent the card connected by opening an account, I would like to pay KRW 3 million per unit, KRW 3 million per 30,000,000 and KRW 6 million per unit; and (d) on January 21, 2019, at around 14:00 on January 21, 2019, I sent one check, each of which was linked to the D Bank Account (E and F) account under the name of the Defendant, to the person under whose name it was named through Kwikset Service.
Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Details of transfer;
1. Application of Acts and subordinate statutes to file a report on internal investigation;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. Scope of recommendations according to the sentencing guidelines [decision of type] [No person in violation of the Electronic Financial Transactions Act] general crimes [type 1] [the scope of recommendations and recommendations] basic field, month to October [the scope of recommendations and recommendations], and the elements of mitigation: Where there is no actual amount of profit or minor amount of profit;
3. Determination of sentence: 4 months of imprisonment with prison labor, two years of suspended sentence, and two physical cards connected to the deposit account were lent, and the above account was used for the Bosing Fraud and the damage was incurred.