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A defendant shall be punished by imprisonment for not more than ten 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 April 2018, the Defendant would give KRW 100,000 per day to the week when collecting and remitting cash after collecting physical cards from the names of the needy parties (C, D, “C”) through the Kakao Stockholm at a non-displace on a around April 2018.
“A proposal that received the proposal and accepted it, and had collected the check card and withdrawn cash in accordance with the direction of the above, from around 10:56 on May 23, 2018, which was being carried out by mail in accordance with the direction of the deceased and wounded in front of the building of Gangdong-gu Seoul Metropolitan Government E.
F Collection and safekeeping of e-mail cards (G) linked to the account of the bank in the name of the F and e-mail cards (H) linked to the account of the National Bank in the name of the F.
As a result, the defendant agreed to receive compensation and committed an act of keeping access media.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of seizure and list of seized articles and photographs thereof;
1. Data on the contents of the Kakao Stockholm dialogue and the contents of the Kakao Stockholm dialogue;
1. Application of the Acts and subordinate statutes for investigation reporting;
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 Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a storage of an access medium for electronic financial transactions, and not only harms the trust and safety of financial transactions, but also can be used for various criminal acts, such as singing, etc. due to the crime. A large number of withdrawals made by the Defendant through the actual singing crime.