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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall transfer or acquire any access medium for electronic financial transactions.
On October 20, 2015, the Defendant promised to transfer an account under the name of the Defendant to receive the so-called “work loan” from a person in the name in front of the “C” coffee shop located in Changwon-si, Busan, pursuant to the proposal that he would allow him to receive the “work loan,” and then, issued a accessible medium, such as passbook, password, etc. connected to the Defendant’s company bank account (D) to the above person in the name of the Defendant, thereby allowing him to use the said account for shock and exchange account, such as “E,” etc.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Response Data (Transactions, etc.) - Application of A Account Statutes
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)
1. Sentencing criteria;
2. The instant access media that the Defendant leased was actually used for the crime of illegal gambling.
Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant has led to an offense, has committed errors, and the sentencing conditions recorded in the records, such as the age, sex, environment, etc. of the defendant.