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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
In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation, and lend or receive the means of access, unless otherwise specifically provided for in other Acts.
Nevertheless, on May 2016, the Defendant: (a) received the word “to offer a means of access to KRW 2 million per unit of passbook”; and (b) delivered, around 10:00 on May 8, 2016, to Kwikset service article, the Defendant sent to Kwikset service article, who sent the above-mentioned name in the name of the Defendant, No. 153-ro 153-ro, Young-gu, Young-gu, Samsung T&T., Samsung C; (c) the company bank account (C); (d) the national bank account (E); and (e) the physical card and password, etc. connected to the bank account (E).
Accordingly, the Defendant promised to receive the payment of the means of access used in electronic financial transactions and lent it to each other.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of the Act and subordinate statutes to the details of the transfer of the amount of damage, A’s corporate bank, national bank, and Korean bank’s deposit and withdrawal agreement, and “G” commitment;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant receives compensation and lends a number of means of access to the defendant, and the means of access leased by the defendant are used for the crimes of Bosing. However, considering favorable circumstances such as the defendant's wrongness and behavior, the fact that the defendant has no record of punishment for the same kind of crime, and the fact that the defendant has no benefit from the crime in this case, the punishment is determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.