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A defendant shall be punished by imprisonment for four 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 to the use or management of any access medium used in electronic financial transactions.
Nevertheless, on November 20, 2017, the Defendant should not make a loan from a person who has no good credit in his/her residence in Gwangju Mine-gu.
If money is necessary, a physical card to be used in the game site is changed. If so, a statement to the effect that 3.5 million won will be paid in one month, and around that time, the physical card of the account of the defendant in the name of the defendant in the name of the bank (C) was sent to the defendant in front of the bank located in the Namsan branch of Gwangju Mine-gu.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. It is necessary to strictly punish the act of transferring the media of access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution as a means of other crimes. The access media of this case transferred by the defendant was used for fraud crime.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstance after the crime, etc., shall be determined as follows: (a) the defendant reflects the mistake; (b) the defendant was unable to obtain benefits from the crime of this case; (c) the defendant was not a criminal record for the same kind of crime; and (d) the defendant was not a criminal record