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A defendant shall be punished by imprisonment for six 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 or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
Nevertheless, the Defendant would receive 2.5 million won in return for the transfer of one physical card from a person in a nameless injury. On January 18, 2016, the Defendant transferred one physical card connected to the Defendant’s post office (D) account in front of the “C” operated by the Defendant in both cities around 16:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against E;
1. Application of each Act or subordinate statute of the details of account transactions and replies of financial institutions (No. 5)
1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)
The instant access medium transferred by the Defendant was actually used for the singishing crime, and the damage of KRW 7 million was generated (Evidence No. 26 pages). If the Defendant did not transfer the access medium, decent people would not have become the victim of financial fraud.
Therefore, the defendant will be sentenced to imprisonment.
Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has led to an offense, and that there is no criminal record of the same kind or of the suspension of execution, and community service shall be ordered in consideration of the aforementioned circumstances.