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A defendant shall be punished by imprisonment for six 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
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
Nevertheless, when the Defendant transferred a passbook at a place where it is unknown on June 2016, the Defendant: (a) reported an Internet advertisement to the effect that the passbook was immediately paid in KRW 30-5 million; and (b) promised to contact with the number indicated in the above article to receive KRW 300,000 to receive KRW 30,000, and opened an account under the name of the Defendant and transfer the passbook to the Defendant’s representative; (c) around that time, the Defendant transferred the paper in which the number of the passbook of the post office (C) and the above account was entered to the above account.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes, such as petition and financial transaction data;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decisions 201Do1448, Feb. 1, 201>
1. Protective observation and community service order under Article 62-2 of the Criminal Act;