Text
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 a means of access in using and managing the means of access under the Electronic Financial Transactions Act.
Nevertheless, around 16:14 on August 20, 2019, the Defendant transferred the means of access under the Electronic Financial Transactions Act by delivering one physical card connected to the D Association account under the name of the Defendant to the person under whose name the Defendant sent the physical card to pay principal and interest.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes, such as the details of trading, details of financial transactions, the dialogue between the team leader of G, the details of general affairs and the Kakakao Stockholm dialogue, a copy of the receipt of prepaid cargo, and text messages;
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.