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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising any compensation.
Nevertheless, on July 7, 2017, the Defendant received and promised to receive the payment from a written message stating that “The physical card, which is a physical team of a logistics company, provides three million won per week, if the Defendant lent it,” from a person without his/her name, and then sent the physical card under the name of the Defendant’s name to Kwikset Service Officer (C) prior to the Defendant’s residence, prior to the Defendant’s dwelling in Yongcheon-si apartment No. 101, Dong 311, Youngcheon-si, 201.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written petition of D;
1. A statement of transfer of money from damage and a statement of account transactions (A) the application of statutes;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The circumstances that are favorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are the first offender.
It is against the recognition of crimes.
0. Unfavorable circumstances: The defendant knew that he was illegal, transferred the check card, and the account was used for the crime of fraud, resulting in the victim.
The defendant voluntarily consumed the amount of 3 million won out of the remitted amount of the victim, such as the purchase of game items, etc., and there is no amount to be returned to the victim until then.
0. Other conditions of sentencing, such as the age, sex, family relationship, records of crimes, the circumstances of this case, and the subsequent progress, shall be determined in the same manner as the order.