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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 30, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court’s Port Support (Refluences, etc.) and the judgment became final and conclusive on September 2, 2016.
No person shall transfer or take over any access medium in using or managing the access medium.
Nevertheless, on March 4, 2015, the Defendant: (a) received the text of the mobile phone book on the transfer of the passbook from the Defendant’s office located in North-gu, Northern-si; and (b) sent the passbook and the check card to the Defendant on the condition that 100,000 won per month shall be contacted to the name-free persons; and (c) around that time, the Defendant issued the passbook and cash card to the Defendant’s name-free persons who sent the above name-free persons on the front side of the Defendant’s office, and notified the name-free persons of the password by telephone on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made with D;
1. Filing a report on generation, seizure and verification of search and video;
1. Previous convictions in its holding: Application of the search and text of the instant case [the Daegu District Court Branch of the District Court 2016 Gohap 23,24 (Joints), 25 (Joints)] to statutes;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;