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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 expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.
Nevertheless, on November 23, 2015, the Defendant: (a) lent the access medium to the account in exchange for the letters with the name in secret boxes; and (b) promised Kwikset service article to receive 3 million won per access medium to send the above name in return for sending to Kwikset service articles who sent the above name in return for receiving 3 million won per access medium; and (c) sent the passbook and check card to the Saemaul Depository account (B) opened in the name of the Defendant, and notified the password to the telephone.
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. C’s statement;
1. Application of Acts and subordinate statutes on the details of deposit and withdrawal, application form for account, and deposit and withdrawal;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The act of the accused on the grounds of sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act in the suspension of execution is deemed to have a great ripple effect on the act of the accused, which has recently become a social issue.
In addition, serious punishment is needed in that actual damage has occurred.
On the other hand, it is also recognized that the facts of crime are recognized and the reflectors are submitted several times.
In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.