Text
A defendant shall be punished by imprisonment for not less than eight 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
No person shall transfer any access medium to any third person in using and managing the access medium.
On June 2016, the Defendant transferred the cash card, which is an access medium connected to the post office account (B) in his name, from a high-speed bus terminal located in Geumjin-gu, Seoul Special Metropolitan City, Geum-gu, to an access medium by sending it to a high-speed bus freight.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of Acts and subordinate statutes on financial transactions;
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;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been sentenced to two times of suspended indictment for the same crime, and one time of fine, but again commits the instant crime. The Defendant’s access media that was transferred was used for the crime of fraud, causing secondary damage, and the Defendant transferred its access media as requested by the lender in order to obtain a loan.
In full view of the following facts: (a) the Defendant was subject to criminal punishment by transferring an access medium to the same content even before end; (b) the Defendant’s assertion is difficult to easily believe, and the Defendant’s assertion itself transfers an access medium to obtain abnormal loans; and (c) the Defendant was aware that more than 20 deposits were repeated a day after receiving a real-time notice of the details of the transaction; and (d) the Defendant did not take any necessary measures such as termination of the account even though he/she suspected of being used for the instant crime; (b) even if there is no material that the Defendant actually acquired profits from the instant crime; and (c) certain favorable sentencing conditions, such as the Defendant’s violation of the wrongness, are considered, the Defendant shall
Determinations shall be made.
In addition to the above circumstances, the defendant's age and environment.