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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On April 29, 2016, the Defendant was sentenced to a suspended sentence of three years for a violation of the Electronic Financial Transactions Act by the District Court of the Republic of Korea on April 29, 2016 and the judgment became final and conclusive on May 10, 2016.
No person shall transfer or take over any access medium in using or managing the access medium.
On December 2, 2015, the Defendant transferred two passbooks, two cash cards, and two OTP cards connected to two bank accounts of (Account Number C, D)B, a corporation established by the Defendant, who received KRW 3 million from his name-free persons in the vicinity of subway No. 2 in the subway Station of Guro-gu Seoul Metropolitan City, Guro-gu, and transferred the name-free-based access media.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of the police officers in relation to E, F, and G;
1. Statement made by the police with H;
1. A report on illegal sports gambling and sports misconduct;
1. An application for inquiry about personal information of customers and a transaction;
1. Certified copy of the corporate registry and business registration certificate;
1. Previous convictions: Application of an inquiry letter, investigation report (the fact that a suspect A is under probation period) and other Acts and subordinate statutes;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing Article 39(1) of the Act on the Handling of Concurrent Crimes: (b) the Defendant was the telephone counselor for the crime of Bosing “ Bosing” and was sentenced to a fine of seven million won for the commission of the crime of drinking; (c) the account of the electronic financial transaction of this case was actually used in the operation of the illegal gambling site; and (d) in particular, the Defendant was indicted for the violation of the Electronic Financial Transactions Act, which became final and conclusive and conclusive, committed the instant crime during the trial; (e) the number of transferred access media was large; and (e) the Defendant could have been tried simultaneously with the case for which the judgment became final and conclusive.