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

Punishment of the crime

[criminal record] On June 24, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on June 24, 2016 and completed the execution of the sentence at the Seoul Detention Center on June 24, 2016. On November 2, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the same court, and the judgment became final and conclusive on February 7, 2017.

[2] In using and managing access media, no person may borrow or lend any access medium, or store, deliver or distribute it, while demanding or promising to receive compensation.

Nevertheless, on or around August 20, 2016, the Defendant sent to a person under whose name the Defendant had become aware of the Defendant’s account (D)’s physical cards, etc. through telephone conversations for advertising purposes before the office located in Yongsan-gu Seoul, Yongsan-gu, Seoul where the Defendant was living, on or around August 20, 2016, on condition that he/she lent for ten days and received two million won.

On the one hand, Kwikset Service Workers were sent to Kwikset Service Workers.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to the nominal owner of a passbook used for committing the crime);

1. Previous convictions: Application of a written inquiry about criminal history, text of judgment, previous convictions in the disposition, and reporting 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, the selection of imprisonment with prison labor;

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes provided that the Defendant leased the reason for sentencing Article 39(1) to the Defendant was actually used for the instant approach crime.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

The defendant has not completed the execution of punishment.