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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2] On March 3, 201, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Electronic Financial Transactions Act, etc. on the support by Sungnam, the Defendant was sentenced to a suspended sentence of 2 years. On March 4, 2016, the Defendant was sentenced to two years and six months for the crime of injury at the Suwon Police Center on April 4, 2016, and the execution of the sentence was completed at the Suwon Police Center. On May 19, 2017, the Defendant was sentenced to the imprisonment of 8 months for the crime of indecent act committed by force in the support by Suwon Friwon and Sungnam, and the judgment became final and conclusive on October 17, 2017.
[Criminal facts] No person is allowed to transfer an access medium under the Electronic Financial Transactions Act in using and managing such medium.
Nevertheless, on March 2017, the Defendant: (a) purchased a used mobile phone near the Agricultural Cooperatives located in two members of Sungnam-gu, Sungnam-gu; and (b) inserted a used core chip opened in the name of the Defendant; (c) registered for the use of the Agricultural Cooperative Account (Account Number: B) opened in the name of the Defendant; (d) registered for the use of the Nonindicted Bank Account in the name of the Defendant, along with the above bank password, to arrange for the use of the Nonindicted Bank Account in the name of the Defendant.
Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Response to a request for financial information;
1. A certificate of deposit;
1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (referring to rulings related to repeated crimes, etc.);
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: Provided, That the defendant, who had been punished for the same kind of crime for the reason of sentencing in the first sentence of Article 39(1), commits the instant crime at another time, and transfers the defendant's access media.