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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 3595]
1. No person shall transfer or acquire any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;
Nevertheless, on May 22, 2017, the Defendant promised to receive KRW 3 million from the person who was in non-name, in the vicinity of the C Hospital located in Guri-si B, and delivered a copy of the cash card connected to the company bank account (D) under the name of the Defendant to the person who was not his name, through the selective officer.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
[2017 Highest 3645]
2. No one shall transfer or acquire any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;
Nevertheless, on January 5, 2017, the Defendant issued a physical card connected to the company bank account (E) in the name of the Defendant to Kwikset Co., Ltd. before the Kwikset, which was located in the territory of the Defendant, around 16:00, in the Republic of Korea, in the vicinity of the IC located in the territory of the Republic of Korea.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
[2017 Highest 3595]
1. Statement by the defendant in court;
1. A written statement;
1. Details of remittance of the amount of damage, and details of account transactions under A [2017 High Order 3645];
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Account transactions, and account transactions in A’s bank account;
1. Video data from CCTV to be withdrawn;
1. Application of Acts and subordinate statutes on account transfer;
1. Relevant legal provisions concerning criminal facts, Articles 49(4)2, 6(3)2 (a) of the Act on Electronic Financial Transactions and Transactions (a point of lending access media), Articles 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions and Transactions (a point of transfer of access media) of the Act on Electronic Financial Transactions, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and there seems to be no profit gained from the crime, and the defendant.