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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 15:30 on August 7, 2018, the Defendant: (a) called “I will proceed with the loan of the head of the Maspamspam in the name-free post office located in the Maspon Eup of Daegu-gun,” and called “I will proceed with the loan of the head of the Maspamspam. If I send the Maspam card” from the name-free party; (b) notified the head of the Maspam in the name of the Defendant of the Maspam and the password of the Maspam, and did not provide any guarantee device to receive the
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes on the issuance and withdrawal of deposits, receipts, and financial information;
1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.