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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
No person shall transfer or acquire any access medium in using or managing the access medium.
Nevertheless, on November 2015, the Defendant offered a proposal that “C hospital” located in Daegu-gu Seoul-gu “C Hospital would make the head of a Tong, etc.” from his name in mind, and, at a place where the Daegu-gu location could not be known, transferred one of the passbooks and passwords under the name of the Defendant to the name in question.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes to written petition and written confirmation;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. Therefore, the punishment is high, and the head of the Tong, etc. transferred by the defendant has been used for the actual crime of fraud is disadvantageous.
However, it is advantageous to the fact that the defendant reflects the mistake, there is no same type of punishment, and there is only a previous conviction punished by a fine, and that the defendant seems to have actually earned the profit of the crime of this case is a small amount (100,000 won, such as the head of Tong, etc.).
The punishment shall be determined as per the order, taking into consideration all the circumstances prescribed in Article 51 of the Criminal Act, such as age, sex, etc. of the defendant.