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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On April 29, 2014, the Defendant was sentenced to imprisonment of one year and six months for habitual fraud in the Youngcheon District Court’s Young-gu branch on April 29, 201, and completed the execution of the sentence in Chuncheon prison on September 4, 2015.
No person shall lend any means of access to electronic financial transactions in return for the consideration therefor.
Nevertheless, at around 15:00 on October 19, 2015, the Defendant: (a) received a proposal from a person in unsound name, who introduced himself as AE at the Defendant’s office located in Gumi-si, to pay KRW 2,50,000 in return for the lending of the check card necessary for purchasing a Lone Star vehicle under another’s name; (b) accepted it; and (c) delivered the check card linked to the Agricultural Cooperative (Account No. AF)’s account in the name of the Defendant, and the password of the said account to the above person on the same day.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against AG;
1. A certificate of deposit verification;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to report criminal investigations (prior convictions);
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;