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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
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
Nevertheless, on April 2, 2015, the Defendant transferred the passbook, physical card,OTP, and password to a new bank (C) account in the name of the Defendant, which was the representative of the Defendant, in the E-art Noh Jeong-dong, which was located in Sinsi-si, Singu.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each statement of D, E, and F;
1. In full view of the following circumstances, the Defendant’s transfer of access media, as described in the judgment below, can be recognized, as the Defendant intentionally transferred the access media as shown in the facts constituting a crime, on the following grounds: (a) the Defendant had the power to deliver his/her access media to a person who is not his/her name, on March 3, 2015; (b) the Defendant did not discuss the return of his/her access media as indicated in the judgment on the facts constituting a crime between his/her name and the person who is not his/her name; and (c) the Defendant created the access media as indicated in the judgment on the facts constituting a crime as the Defendant’s intentional transfer of the access media; and thus, (c) the Defendant can be recognized as having transferred the access media as indicated in the judgment on the fact that he/she intentionally transfers the access media. Accordingly, the above assertion by the Defendant’s above is rejected).
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The fact that the sentencing of Article 62(1) of the Criminal Act is contrary to the reason for the suspended sentence, the age, sex, environment, the background of the instant crime, the circumstances after the instant crime, etc. are contrary to the punishment under Article 62(1) of the Criminal Act;