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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 2016, the Defendant: (a) heard the horses that “in order to obtain a loan, the head of the passbook must be created and kept a performance; and (b) transferred the head of the passbook and the check card connected to the National Bank Account (E) in the name of the Defendant’s name, which is the representative of the Defendant, to the Nonindicted Party.” (c) On August 2016, 2016, the Defendant transferred the head of the passbook and the check to the Nonindicted Party.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on internal investigation (attaching photographs and data on gambling sites);
1. Data on replies related to accounts;
1. Application of Acts and subordinate statutes on the details of transactions with limited liability companies;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Means of access);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. The reason behind sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc. is that transferring an electronic financial transaction access medium to another person may cause damage to an unspecified number of people because it can be used for a crime. The account of the access medium actually transferred by the Defendant was used for the Internet gambling crime, and the crime of this case is not good enough for the Defendant to establish a company to transfer the access medium to the company’s account.
The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant has no record of criminal punishment due to the same kind of crime.
In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.