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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 2018, the Defendant received a proposal that “to grant a loan,” from a person who has no personal name, to “be given a loan. To create a trading volume, to request to send a down-line card and passbook,” and the Defendant issued the means of access, such as a passbook, passbook, check, etc. connected to the Daegu Bank Account (B), the community credit cooperative account (C), and the community credit cooperative account (C), to a man who has no personal name, and did not provide any guarantee device that can receive a refund.
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation reports (a) (Attachment of a certificate of account details of community credit cooperatives in A), investigation reports (verification of the identity of each suspect in the same case);
1. Application of Acts and subordinate statutes on warrant of seizure and reply;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring the means of access used in electronic financial transactions, such as the instant crime, requires strict punishment as an act to assist other crimes, such as Bosing. In the end, even though the Defendant was subject to a non-prosecution disposition, in 2014, he was aware of the illegality due to the experience of being investigated by transferring the bank account to another person by transferring the check-up card, etc., which was linked to the bank account, even though he was well aware of the illegality of the act, the Defendant committed the instant crime, and the account of the Daegu Bank head of the Tong, Mac card, and the Defendant’s account connected thereto, which was transferred by the Defendant, was actually used for the Bosing crime, shall be considered as an unfavorable circumstance to the Defendant.
In addition, the records and arguments of this case, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, etc.