[criminal history] On August 21, 2015, the Defendant was sentenced to two years of imprisonment for habitual night residence larceny at the Daegu District Court, and the execution of the sentence was terminated at the Daegu Detention House on November 10, 2015. On April 20, 2017, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seo branch branch of the Daegu District Court, and the said judgment became final and conclusive on the 28th of the same month.

[Criminal facts] No person shall transfer or acquire any electronic financial transaction access medium issued by a financial institution.

Nevertheless, on October 16, 2016, the Defendant received a proposal from 60,000 won per day if he sent a cash card from a person in non-name, and received Kwikset Service, through his driver, sent the cash card of the Defendant’s bank account under the name of the Defendant to the person in non-name and notified the account number and password of the said cash card to the Kakao Stockholm Stockholm.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A bank transaction statement;

1. Previous records of judgment: Application of the results of inquiry, such as criminal history, each investigation report (the confirmation of the imprisonment by case of a suspect A, the confirmation of the convict, the confirmation of the fact that a suspect is a repeated crime period of a suspect A), copy of the judgment, and the current status of personal confinement

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) of the Criminal Code has committed the instant crime during the repeated crime period; (b) the act of lending such access media can be abused as a means of other crimes; (c) however, the Defendant’s mistake and reflects it; and (d) the instant crime constitutes a single concurrent crime after Article 37 of the Criminal Code with regard to which the judgment against the Defendant became final and conclusive.