Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On November 29, 2007, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Electronic Financial Transactions Act at the Cheongju District Court on May 1, 201, and one year and six months of imprisonment for the same crime at the Cheongju District Court on May 1, 2013. On January 28, 2016, the Defendant was sentenced to one year and ten months of imprisonment for fraud at the Seoul Central District Court on January 28, 2016 and completed the execution of the sentence at the Macheon Prison on August 4, 2017.
[Criminal facts] No person shall transfer or acquire access media unless otherwise specifically provided for in other Acts in using and managing access media.
A. On November 16, 2017, the Defendant acquired the access media with the issuance of one passbook (Account Number G), cash card, and password from the bank of the F-person of the limited company E, at the D coffee shop located in Tonsan-gu Seoul Special Metropolitan City, saying, “I would be allowed to obtain a loan by accumulating the account performance on a face-to-face basis” to E at the D coffee shop located in Tonsan-gu Seoul Special Metropolitan City.
B. Around November 17, 2017, the Defendant transferred the access media by delivering a total of three bankbooks, including two bankbooks (Account Number J,K) in the name of the company bank in the name of the corporation I and one Saemaul Treasury (Account Number L), and a total of four bankbooks, such as one passbook of the company F, and one cash card and password connected thereto, from the company F, transferred from E, as described in the above paragraph A, via Kwikset’s service.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect by the police over the defendant or M;
1. Protocol concerning the interrogation of suspects of E;
1. Each police statement made to N orO;
1. A petition (N,O);
1. A detailed statement of deposit transactions;
1. Details of each transaction;
1. Investigation report (to hear the statement of E in which the head of Tong is transferred to the suspect);
1. Application of investigation reports (the contents of telephone communications with E) Acts and subordinate statutes;
1. Article 49 of the Electronic Financial Transactions Act concerning criminal facts