Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 3, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, etc. at the Changwon District Court on May 3, 2012, and the said judgment became final and conclusive on September 6, 2012 and completed the execution of said punishment on July 9, 2012 (ended during the trial). No person may transfer or acquire a passbook or an electronic identification card, which is a medium access to electronic financial transactions, or a password necessary for the use thereof.
Nevertheless, on April 10, 2015, the Defendant sent a name in a high-speed bus terminal located in the window-dong of Changwon-si, Changwon-si, to the name in which the passbook, physical card, and password of the national bank account (G) in the name of the Defendant is indicated, and received KRW 300,000 from the name in secret.
On April 15, 2015, the Defendant sent to the unsatisf (one name H) a note containing a passbook, physical card, and password in the name of the Defendant in the same manner as described in paragraph 1 at the above express bus terminal around April 15, 2015, and received KRW 300,000 from the unsatisfying person.
Accordingly, the Defendant transferred the electronic financial transaction access media twice.
Summary of Evidence
Application of Acts and subordinate statutes to a criminal investigation report (the attachment report to the same type of power, the date on which the sentence is terminated, the cancellation of detention, etc., and the date of confirmation) by the defendant's legal statement
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (Selection of Imprisonment with prison labor)
2. Article 35 of the Criminal Act for aggravated repeated crimes;
3. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were sentenced to imprisonment by transfer of the account, etc. The Defendant committed the instant crime even if he/she was sentenced to a fine after transferring his/her account during the period of repeated crime in 2013, and was sentenced to a fine. The Defendant also committed the instant crime in addition to the same criminal record, twice a suspended sentence and five times a fine.