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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 transfer any access medium in using or managing any access medium for electronic financial transactions.
Nevertheless, on April 18, 2017, the Defendant received the phrase “1.5 million won under the name of one physical card” from the person in the name of the Defendant, and accepted the proposal, and then delivered each account number and password of the bank account (C) and corporate bank account (D) to the Kakao Stockholm. On April 18, 2017, the Defendant sent each physical card connected to the above two accounts to the Kwikset service article who sent the above name of the Defendant.
Accordingly, the Defendant transferred the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of the Act and subordinate statutes on account transactions, provision of financial transaction information, photographs related to the transfer of access media, and output of Kakao conversation;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 2,