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A defendant shall be punished by imprisonment for not less than eight 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
No one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.
Nevertheless, on February 7, 2018, the Defendant: (a) heard the speech that “B,” a person who misrepresented him/her as a policeman, would make him/her obtain a loan by making the details of deposit and withdrawal from the face of the passbook, etc. after passing the passbook, etc.; and (b) around February 7, 2018, the Defendant transferred the means of access, such as physical cards connected to the above company’s name, from that time to that time, via the Kwikset service article, connected with the F (G) account in the name of the Defendant, a representative of the Defendant, in the vicinity of the Defendant’s residence in the light-to-face C apartment D, from February 7, 2018.
On or around February 7, 2018, the bank account number (name holder) in the location of the bank No. 1, 2018, F G (Limited Liability Company E) near the C Apartment D (Limited Liability Company E) around the end of February 2018, 2018, Dong JK (Limited Liability Company E) around the end of February 3, 2018, Jung Dong-dong L (Limited Liability Company E) around April 4, 2018, Jungdong L (Limited Liability Company E) around the end of February 4, 2018 5, Jungdong-dong company MLLC Co., Ltd (Limited Liability Company E) on or around April 5, 2018.
1. Defendant's legal statement;
1. Details of opening accounts;
1. Copy of corporate register of a limited company;
1. Application of the statutes on account transactions in the name of limited company E;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with prison labor for one to four years;
2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period from April to June 10.
A. 1 Crimes (Violation of the Electronic Financial Transactions Act) / [decision of type 1] There is no general crime [specific person] [the scope of recommending area and recommending range].