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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal record] On May 12, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of using computers, etc. and aiding and abetting the use of computers, etc. at the Jung-gu District Court, and was released on January 30, 2018 during the execution of the sentence and terminated on April 30, 2018.
【Criminal Facts】
1. In using and managing the means of access, no person who has violated the Electronic Financial Transactions Act shall transfer or acquire the means of access unless otherwise specifically provided for in any other Act;
Nevertheless, around January 2019, the Defendant listened to the D’s horse that “it is difficult to use the account in the name of the Defendant due to communication in arrears,” and in collusion with the Defendant’s de facto marriage E (disposition of suspension of indictment) and with the F Bank account in the name of E received from E (Account Number G) in the Dongbcheon-si building B and the Defendant’s residence in the Dongbcheon-si building and C, and used the passbook and physical card (Account Number H) to D for financial transactions.
Accordingly, the Defendant conspiredd with E to transfer the means of access.
2. No person who violates the Electronic Financial Transactions Act with respect to the use and management of a means of access shall, unless otherwise specifically provided for in any other Act, borrow or lend a means of access, or keep, deliver or distribute a means of access knowing that such means will be used for any crime;
Nevertheless, on June 5, 2019, the Defendant: (a) sought a letter of “I” from D, a person who was known to the Ansan prison on the Internet portal site; and (b) contacted a person under whose name the above letter was posted to a Bosing staff (J, K L) to contact him; and (c) thought that “I would see the delivery of a physical card.” The Defendant received the card from the nominal owner and gathered to the card, and put it in the care of the phone distribution in the region designated by us.