A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[criminal history] On March 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual larceny at the Suwon Giwon, and the execution of the said sentence was terminated at the Gi-gu prison on November 25, 2015. On March 29, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. from the Gi-gu prison, and the said judgment became final and conclusive on June 19, 2017.

[Criminal facts] No person may transfer or acquire a passbook or e-mail card, which is an access medium necessary for electronic financial transactions.

Nevertheless, around June 2016 to July 7, 2016, the Defendant agreed to receive KRW 100 to 20 million per account in return for the transfer of the account to a person with a false name who misrepresented the operator of the gambling site in front of the Defendant’s residence in Gwanak-gu in Seoul Special Metropolitan City, and opened a post office account in the name of the bank account (number D) and sent the physical card connected with the passbook, which is an access medium, through the Kwikset service article, to the person with a name in secret and notified the password by telephone.

Accordingly, the defendant transferred the access media used in electronic financial transactions to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the result of the search of the person under investigation);

1. Personal information provided, inquiry into details of financial transactions, and copy of an application for subscription;

1. Previous convictions: (A) as a result of inquiry, application of Acts and subordinate statutes to a report on investigation (Attachment of written judgments, etc. by the suspect and confirmation of the inspection room of a detention house);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing Article 39(1) of the Act on the Handling of Concurrent Crimes: (a) the Defendant established a corporation to commit the instant crime, and transferred the access media to the account under the name of the corporation; (b) the illegality of the form of the relevant crime is large; and (c) the Defendant committed a crime during the period of repeated crimes; and (d) the Defendant expected economic benefits; and (c) committed an

The circumstances are confirmed.