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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal records] On June 2, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court on August 2, 2016, and the said judgment became final and conclusive on June 10, 2016.
[2] Criminal facts C is an employee of the group of "efficacy" subject to management of the Gu and the defendant is an employee of the group of "efficacy", and D and E are employees of the vehicle luminous shop.
1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium in using or managing electronic financial transactions;
Nevertheless, under the direction of C, the Defendant and D, C, F, G, and E established a subordinate legal entity for the opening of an account in their names, and opened an account in the name of the legal entity, and then planned to transfer the access media connected to the account to the illegal online gambling site operators and divide the price.
A. The Defendant, along with C, F, G, D, and E, opened each of the accounts in attached Form Nos. 1 through 3, 5 through 8, and 11, and C, F, and G, around July 27, 2015, sent to J the access media, such as passbook and cash card, security card, USB in which an official seal is stored, and OTP generation machine, connected to the said account at the I coffee shop located in the G of North C, N, and C, F, and G, to transfer to a Chinese person whose name cannot be known in the vicinity of the airport of China on the following day. In response, the Defendant received KRW 8,00,000 per each access medium, in total, KRW 1,00,000 per one, respectively.
B. The Defendant, along with C, F, G, D, and E, opened each of the accounts in the attached Form No. 4,9,10,12 through 16,00 per annum, and C transferred to a Chinese person whose name is not known in China in the manner of not knowing the access media, such as each passbook, cash card, security card, and the USB in which the official seal is stored, and the OTP generation machine connected to the above account in August 2015. In return, the Defendant received KRW 8,00,000 per one of the accessible media.
2. The Defendant’s embezzlement is unlawful with C, G, D, and E’s account under each legal entity’s name.