A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

[The records of concurrent crimes under Article 37 of the Criminal Code] On June 1, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for a violation of the Electronic Financial Transactions Act at the Jeonju District Court on June 1, 2017. The above judgment became final and conclusive on June 9, 2017.

[Criminal facts] No person may transfer access media when using or managing access media.

1. Nevertheless, on September 13, 2016, the Defendant received a proposal from a person in unsound name, who became aware of the Internet search on September 13, 2016, to the effect that “if an account is transferred, the Defendant will offer KRW 40 to 50,000 per account,” and accordingly, the Defendant sent a passbook, an OTP, and a cash card connected to the account under the name of the Korean bank (L) of the company with limited liability, the Defendant’s representative, at the high-speed bus terminal located in the 469-dong, Seo-gu, Seoul Special Metropolitan City prior to the same day.

2. Nevertheless, on December 9, 2016, the Defendant received a proposal from a person in unsound name who became aware of online search on December 9, 2016, that “if an account is transferred, the Defendant will give KRW 40 to 50,000 per account,” and accordingly, sent a passbook, an OTP, and a cash card connected to the bank account under the name of the Defendant, the representative of the Defendant, at a high-speed bus terminal located in the 469-dong, Seo-gu, Seo-gu, Seoul Special Metropolitan City prior to the same day.

Accordingly, the Defendant transferred the electronic financial transaction access media managed by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to the N;

1. A statement of transaction details, inquiry about personal information of customers, an application for transaction, and a full certificate of registered matters;

1. Application for new transaction or business registration certificate;

1. Previous convictions in judgment: Application of the text of judgment and the result of confirmation of the previous convictions in disposition;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;