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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal Records] On June 22, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Suwon Friwon, and the judgment became final and conclusive on the 23th of the same month.
[Specific criminal facts] In using and managing access media, no person shall transfer or take over access media unless otherwise specifically provided for in other Acts, however, the Defendant shall send a physical card connected to the Saemaul Bank Account (B) opened in the name of the Defendant on September 18, 2015 at the Hancheon-si, Hancheon-si, Hancheon-si, Hancheon-si, a corporation in the name of the Defendant.
The two levels were also set.
Accordingly, the Defendant transferred the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police suspect with regard to C;
1. Seizure records;
1. Records of judgment: Inquiries about criminal history and the application of Acts and subordinate statutes on criminal investigation reports (the confirmation of the date when a defendant's judgment becomes final
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 punishment is selected (excluding punishment);
1. Article 37 of the Criminal Act: Provided, That Article 39 of the Criminal Act provides that the card transferred by the defendant has been used for an actual additional crime;
In light of the fact that there is no material to view the crime of this case, the background leading to the crime of this case, the fact that there is no record of criminal punishment before the crime of this case, and the principle of equity, etc. with the judgment of the court