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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
[2018 Highest 865]
1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium used for electronic financial transactions;
Nevertheless, on May 2017, the Defendant: (a) sent a physical card from his name in Daegu to a person in distress; (b) consented, and (c) sent a physical card to another person; (d) sent the card to the agricultural bank account under the name of the Defendant at the nearby post office in Daegu-gu, Daegu-gu, Seoul-gu, and transferred the card to another person and transferred the password to another person; and (d) transferred the access media in electronic financial transactions by notifying the password.
2. On July 1, 2017, the Defendant posted a letter stating that he/she sold a high protocol by accessing the Internet in the Daegu Suwon-gu, Daegu-gu, the Defendant reported it to the victim E who contacted with the Defendant, stating that he/she would send the money to the victim E.
However, since the Defendant did not have any goods sold, even if he receives money from the injured party, the Defendant shall send the goods.
there was no intention or ability to act.
As such, the Defendant, by deceiving the victim, received KRW 230,00 from the victim’s agricultural bank account (F) under the name of the Defendant, and received KRW 230,00 from around that time to October 8, 2017, a total of KRW 966,000 from eight times, as indicated in the list of crimes in attached Table, was transferred from around that time to around October 2017.
[2018 Highest 1045] On August 10, 2017, the Defendant stolen the Defendant’s bicycle storage stand at “Sagu Metropolitan City Central Library” located in 10:30,00,000, 100,000,000,000,000,000,000,000,000,000.
Summary of Evidence
[2018 Highest 865]
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Each written statement of I, J, K, L, E, and M.