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1. Defendant shall be punished by a fine of 2,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
On July 8, 2017, the Defendant: (a) accepted the proposal of a person who was unable to receive his/her name, and (b) transferred one head of the physical card and a password connected to the bank deposit account (Account Number B) in the Eunpyeong-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government”) around July 8, 2017.
As a result, the Defendant promised to receive the price, and used the access media for others.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of electronic financial transfer results confirmations, and statutes on response data to financial transactions;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake and reply; (b) there is no practical benefit gained from the instant crime; and (c) the primary offender with no record of the crime; and (d) other factors of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.