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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] On June 10, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Jeonju District Court (hereinafter “former District Court”) and the judgment became final and conclusive on August 17, 2016.
[Criminal facts] In using and managing access media, no one may transfer access media unless otherwise specifically provided for in other Acts.
Nevertheless, the Defendant received a proposal from a person in the name of a juristic person to grant a loan if he/she transfers his/her account under the name of the juristic person. On February 12, 2015, the Defendant transferred the passbook, physical card, andOTP generation machine connected to the national bank account (C) opened by the Defendant in the name of a limited company to the person in the name of the same person from that time until March 27, 2015, including the transfer of the passbook, physical card, and OTP generation machine connected to the national bank account (C) opened by the Defendant in the name of the limited company B, from that time to that of the above person, at least eight times in total, as shown in the list of crimes in attached Form B.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (to specify an account opened);
1. A criminal investigation report (a certified copy of the relevant register and account details);
1. Details of account transactions in the name of the limited company B;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (prior convictions after death and confirmation) and other Acts and subordinate statutes;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice of imprisonment);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The act of transferring the electronic financial transaction access media on the grounds of sentencing under Article 62(1) of the Criminal Act without permission is very likely to infringe on the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use in the crime. The account of the access media actually transferred by the Defendants was used for the Internet gambling crime.
The defendant.