A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on June, 2017, and the said judgment became final and conclusive on the 26th of the same month.

[2017 Highest 2784]

1. On January 2, 2017, between 05:00 and 07:00, the Defendant: (a) within a street car in which the victim B was seated and was seated in the passenger car in Seoul subway 2 line; (b) one gate containing one credit card, one driver’s license, one cash 4,000 won, etc. from the victim’s main machine owned by the victim; and (c) one gate from the passenger car to the passenger car in which the victim B was seated in the passenger car in Seoul subway 2 line;

L. A. L. theft was committed.

2. On January 2, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased goods equivalent to KRW 8,450,00,00, including tobacco, alcohol, etc. at the convenience store operated by a person whose name is unknown in Jongno-gu Seoul, Jongno-gu, Seoul, and (b) presented one card under the name of B, as in paragraph (1), to an employee of the above convenience store as if he/she had a legitimate right to use the said credit card; and (c) received the said goods from the said employee, namely, the said employee.

Accordingly, the Defendant, by deceiving the victim, received property, and used stolen credit cards.

3. On January 2, 2017, the Defendant violated the Act on Specialized Credit Financial Business and the Act on Specialized Credit Financial Business: (a) around 07:24, the Defendant posted one credit card in the name of B, which was stolen, to a bank automation settlement device as prescribed in paragraph (1), and settled KRW 30,000,000,00 for the use of the credit card when the victim, who was unable to know the name installed therein, in the “Fpum room” located in Jongno-gu Seoul,

Accordingly, the defendant acquired property benefits of 30,000 won by inputting information into a computer and other information processing device without authority, and used stolen credit cards.

[2017 Highest 3508] Anyone uses and manages an access medium, except as otherwise provided for in other laws.