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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall lend any access medium at a price in using and managing access medium under the Electronic Financial Transactions Act.
Nevertheless, at around 15:00 on November 16, 2016, the Defendant heard the remarks of a person who was not killed in the name, and sent 50,000 won to a person who was named in the name of the Defendant through Kwikset Service employees, who are connected with the Saemaul Bank Account (Account Number C) under the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on transactions in each account;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. Considering the purport of the law that attempts to prevent financial fraud by strictly punishing the act of transferring or lending the media access to the grounds for sentencing under Article 62(1) of the Criminal Act, it is necessary to strictly ask the accused to be liable for the relevant crime.
The Defendant’s access media of this case was actually used for the singishing crime, and the amount of damage was not small.
However, the defendant has no record of criminal punishment in addition to the fine that has not been imposed on one occasion, confession of the crime, and repent of the mistake.
In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.