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A defendant shall be punished by imprisonment for four 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
No person shall transfer any access medium in the use and management of such medium.
Nevertheless, on August 21, 2017, the Defendant sent a copy of the identification card to his name in facsimile and a copy of the passbook connected to the Agricultural Cooperative Account (C) under the name of the Defendant, sent the OTP short message to enable Kwikseter to use Internet banking services, etc. through Kwikseter service articles, and then sent the password to the nameless person by text message around August 29, 2017.
Accordingly, the defendant transferred the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition of D, E, F, G, H, I, and J;
1. Each statement of F, G, H, I, and J;
1. Application of Acts and subordinate statutes to the outputs of each receipt, conversation details, account transfer details, account transfer details, etc., each confirmation certificate, sales notice, each printed material, each conversation content, receipt ledger and account information, and account transaction response details;
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. In light of the fact that the act of transferring a media access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes, it is necessary to strictly punish the Defendant, taking into account the following: (a) the agricultural bank account of this case that the Defendant transferred access media was actually used for multiple other crimes; and (b) the Defendant was paid KRW 2 million in return for the instant crime, it is necessary to strictly punish the Defendant.
However, in full view of all the circumstances, such as the fact that the defendant's mistake is recognized and the defendant does not repeat the crime, and the defendant does not have the same criminal record and is not subject to the punishment heavier than the suspended sentence, the defendant is sentenced as the disposition.