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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
No person shall transfer any access medium to any third person in using and managing the access medium.
On August 2016, the Defendant sent the cash card, which is an access medium, to the account in the name of the company with limited liability (D) and the account in the National Bank (E) to Kwikkset service, at the Busan Park, which was located in 3.94 U.S. Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, the Defendant transferred the access medium by sending it to Kwikset service.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F, G, H, I, and J;
1. Documents, such as an application for new transactions, business registration certificate;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Article 49 (4) 1 and Article 6 (3) 1 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: (a) establishing a so-called old-age corporation in order to obtain abnormal loans; (b) opening an account in the name of the corporation; and (c) transferring the access medium for employment; (c) the Defendant transferred the access medium, but was suspended twice due to the use of the access medium for fraud, etc.; and (d) was well aware of the illegality of transfer of the access medium and the possibility of secondary damage therefrom.
Considering the fact that the access media actually transferred by the defendant is used for the crime of fraud, etc., there is a high possibility of criticism against the defendant.
Therefore, it is necessary to make a strict punishment corresponding thereto.
However, there are extenuating circumstances such as the fact that the defendant acknowledges and reflects the mistake, that there is no material that the defendant actually gains from the crime of this case, and that there is no record of criminal punishment against the defendant.
Considering the above circumstances and all the circumstances that are conditions for sentencing, such as the age, sex, and environment of the defendant.