A criminal defendant shall be punished by imprisonment with prison labor for six months.

except that this judgment shall be postponed for one year from the date of confirmation.

Punishment of the crime

On October 2015, the Defendant, in front of the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government and 1101, issued a new bank passbook (Account Number: C) and a cash card, and an OTP creation machine under the name of the Defendant, after hearing the horses, to hold the Defendant’s new bank passbook (Account Number) and a cash card and an OTP creation machine.

Accordingly, the Defendant used the electronic financial transaction access media at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Submission of suspect bank transaction details);

1. Application of Acts and subordinate statutes governing verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Although the application of the indictment did not state Article 40 of the Criminal Act under the law, the crime of violation of the Electronic Financial Transactions Act due to the lending of access media under Article 49 (4) 2 of the Electronic Financial Transactions Act is established by one crime for each access medium. However, the act of lending several access media in a lump sum constitutes a case where several access media are committed as a single act, and each crime constitutes a crime of violation of the Electronic Financial Transactions Act, and each crime is in a conceptual concurrence relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010, etc.). The defendant committed a conceptual concurrence relationship between each access medium connected to a single deposit account and each offense of violation of the Electronic Financial Transactions Act, which is established by making the passbook and cash card in a lump sum.

It is reasonable to see that it is Seoul Northern District Court (see, e.g., Supreme Court Decision 2014No1235, Jan. 21, 2016). Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act was every access by the defendant to the crime of "singing", and the defendant first lent the access media.

Not only actively contacted but also 1 million won in return for lending the passbook.