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A defendant shall be punished by imprisonment with prison labor for up to 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 March 15, 2017, at around 23:00, the Defendant transferred the access media by putting one million won each of the physical cards linked to the Defendant’s name bank account (number D) and the Gwangju Bank account (number E), and the delivery of KRW 2 million to the name in front of the Gwangju High School located in the Gwangju High School.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the protocol concerning the interrogation of the accused by the prosecution;
1. Statement made to F in the police statement protocol;
1. Application of each statute to include a remittance statement, details of each account transaction, and details of issuance cards;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The act of transferring without permission the media access to the reasons for sentencing under Article 62(1) of the Criminal Act is very likely to undermine the safety and reliability of electronic financial transactions and cause secondary damage as used for crimes.
In fact, the Defendant transferred two approaches to the Defendant’s account for the purpose of paying money even though the Defendant anticipated the use of one’s access media in abnormal transactions, and the Defendant’s account was used for committing the “Sishing” crime.
However, there is no previous conviction of the defendant.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.
The acquittal portion
1. On March 15, 2017, the summary of this part of the facts charged is sent to the victim F to the account that the victim F will increase the limit of the passbook, and in order to do so, the results of the loan should be increased and notified to the public.
By deceiving the Defendant, the victim had the Defendant wired KRW 29 million to the national bank account (D) in the name of the Defendant.