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1. The punishment of the accused shall be four months of imprisonment;
2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall transfer or take over any medium access to electronic financial transactions or set up any pledge right thereto.
Nevertheless, on January 11, 2017, the defendant transferred the access media, such as the physical card and password of the national bank account in the name of the defendant, using the convenience store as the condition that he/she transfers the account to a person who is not his/her name at the convenience store C around the defendant's house located in Jin-si, Jin-si, Si, Si, 2017.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes, such as a written confirmation of transfer transactions and CCTV photographs;
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. In light of the fact that the instant crime for sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as means of other crimes, and that the account transferred by the Defendant was actually used for telephone financing fraud, it is necessary to strictly punish the Defendant.
However, there is a claim that the defendant is the first offender and the mistake against the defendant, the fact that the crime of this case seems to have no profit to the defendant, and other conditions of sentencing prescribed in Article 51 of the Criminal Act shall be comprehensively considered to determine the punishment as ordered.