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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
【Criminal Records】 On July 1, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for violating the Electronic Financial Transactions Act at the Seoul Western District Court on July 1, 2016; the said judgment is the same month.
9. A final and conclusive determination.
【Criminal facts” around April 7, 2014, the Defendant opened an account in the name of one bank (D) in the name of one bank (D) with the personal seal certificates, business registration certificates, power of attorney, etc. with respect to the corporation C, which was provided by Han Bank’s active branch office in Gangnam-gu, Seoul. A prosecutor revoked the prosecution and dismissed the transfer of the passbook, cash cards, and OTP cards from January 3, 2014 to August 13, 2014, using Kwikset’s service.
In total 118 times, an account in the name of the elderly corporation was newly opened or reissued and an access medium was given to the management book.
Summary of Evidence
1. Statement by the defendant in court;
1. (Re-issuance) A reply to a request for issuance of an application, a business operator's registration certificate, a full certificate of registered matters, a certificate of seal imprint, a letter of delegation 12 copies (109-198 pages of investigation records), a statement of
1. Court rulings (Masan Assistance 2015 highest 367);
1. Previous records: A criminal investigation report (the previous records and reports attached to the judgment) and application of Acts and subordinate statutes to the prosecution's protocol of interrogation of the accused;
1. Relevant Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); and each choice of imprisonment with labor (in spite of the past record of being sentenced to a fine for the same type of crime, recidivism was made; the number of transferred access media is larger);
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.