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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 11, 2016, the Defendant: (a) received a telephone conversation from a person who was not the victim, “to be in line with Chapter 5,000,000,000,” and (b) around July 11, 2016, the Defendant transferred a total of two physical cards, each of which is linked to the bank account (C) and one bank account (D) in the Defendant’s residence located in Namyang-si, Namyang-si, Seoul, through Kwikset Service Articles.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. Application of Acts and subordinate statutes to each item of the certificate of deposit transaction, detailed statement of deposit transaction, and detailed statement of deposit and withdrawal transaction;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc. (the sentencing guidelines are not set for the crime of violating the Electronic Financial Transactions Act) that the Defendant transferred means of access in this case was actually used for the crime of Bophishing fraud, thereby causing damage of KRW 15 million. If the Defendant did not transfer the means of access, any mistake would not have occurred.
Therefore, the defendant will be sentenced to imprisonment.
Provided, That the execution of a sentence shall be suspended in consideration of the fact that the defendant led to the crime, there is no previous conviction, and the victim of the crime of Bosing fraud recovers about eight million won out of the amount of damage, etc., and community service shall be ordered in consideration of the above circumstances.