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A defendant shall be punished by imprisonment with prison labor for up to six 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 used to issue a transaction instruction in electronic financial transactions or to secure the authenticity of users and the transaction details.
On October 25, 2014, when the defendant sent a e-mail card and password from his nameless (one name B) to around 20:00 on October 25, 2014, he was proposed to put business profits into the passbook.
Since the Defendant had previously sent a passbook and cash card to Kwikset service in a similar way, and had experience in not received any price and in not received any return, the Defendant may not receive the check from the bank account even if sending the check card connected to the bank account.
I think.
Nevertheless, on October 31, 2014, at around 14:00, the Defendant transferred each physical card and password connected to the Defendant’s name account (C) and corporate bank account (D) to the non-resident through Kwikset Service.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes in a written confirmation of the results of electronic financial transfer and the specifications of self-reliance deposits;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. It is necessary to strictly punish the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter, taking into account the favorable circumstances among the following reasons for sentencing) in that he/she committed the instant crime even though he/she had the same criminal history.
However, considering the fact that the defendant recognized the crime of this case, there is no record of other crime except once a fine, and other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, health condition, etc., the punishment is ordered as ordered.