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A defendant shall be punished by imprisonment for four months.
The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 8, 2017, the Defendant sent and transferred a physical card connected to the post office account (D) in the name of the Defendant at the prime place of business located in the Won-si, 09:00, on the condition that the Defendant received KRW 2.1 million from the post office account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E and F;
1. Application of Acts and subordinate statutes to a detailed statement of gold transactions;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, and even though the Defendant did not obtain benefit from the above crime, the crime cannot be committed without such crime, and the victim of fraud was actually caused by the above crime.
In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.