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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 10, 2016, the Defendant: (a) received a page stating that “The Defendant opened a passbook and would pay rent in advance to KRW 400,000,000,000 per month, if he/she is the director of any company, and the foreign workers need to pay wages.”
On the 10th day of the same month, the Defendant: (a) promised to meet the “C Hospital” in front of the Daegu-gun District Hospital; (b) promised to receive the above consideration; and (c) delivered to the person in default of his name the means of access for electronic financial transactions, such as physical card and password, related to the bank D account under the name of the Defendant, by means of directly reporting it to the person in default of name.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on deposits;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the accused has already transferred the means of access or leased the means of access, and has been subject to a disposition of suspension of indictment and a disposition of suspicion by the prosecution.
Therefore, the Defendant was aware that the transfer of the means of access is a criminal act, but he was promised to receive compensation and committed the instant crime.
The sentence of imprisonment, which is not a fine, shall be selected, but the execution of the sentence shall be suspended without any previous conviction heavier than the fine, and considering the age, etc.