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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 a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.
Nevertheless, on October 2015, the Defendant: (a) received a telephone from a person in a false name from his/her name as a policeman; (b) delivered a cash by transfer; and (c) sent Kwikset Service Articles who sent the above name-free winners to the front road of the Busan National University, Osan National University on October 14, 2015, which was established and operated by the Defendant on April 2015; (c) sent a passbook, physical card, otp card, etc. to the bank account (C) opened in the name of the Defendant, which was established and operated by the Defendant on April 2015, and received KRW 100,000 in return for informing him/her of the password by telephone.
Accordingly, the Defendant transferred the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of D;
1. Application of the Acts and subordinate statutes for investigation reporting;
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 (The following favorable circumstances):
1. The defendant's act on the grounds of sentencing under Article 48 (1) 2 and 48 (2) of the Criminal Code is the beginning of the singishing which has recently become a social problem, and its harmful effects are serious.
In addition, serious punishment is needed in that actual damage has occurred.
On the other hand, it is recognized that the fact of crime is recognized and the mistake is divided.
In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.