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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.
Nevertheless, on November 2017, the Defendant sent one physical card connected to the new bank account (D) in his name to Kwikset Service in front of the Seo-gu Seo-gu B 1st floor in 2017, Seo-gu, Daegu, Seo-gu, and notified the password by telephone.
As a result, the Defendant transferred the access media to a name-free person.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of the Acts and subordinate statutes on bank response data;
1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the defendant, such as the following: (a) the crime of this case is likely to be abused as a means of other crime as well as impairing the safety and trust of financial transactions; (b) the transferred card, etc. can be abused as a means of other crime; (c) the physical card, etc. transferred by the defendant was used for the actual crime; and (d)
On the other hand, the fact that the defendant led to the crime of this case and is divided, that there is no benefit from the crime of this case, and that the defendant is the first offender is an element for sentencing favorable to the defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.
The acquittal portion
1. Except as otherwise provided for in other Acts, no person who outlined the facts charged shall transfer the access medium to the use and management of the access medium;
Nevertheless, on November 2017, the Defendant rendered Kwikset service in front of the Seo-gu Seo-gu B 1st floor “C”, Seo-gu, Daegu.