A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On May 27, 2016, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong Housing Site Board on May 27, 2016, and the judgment became final and conclusive on October 28, 2016.

【Criminal Facts】

No person shall issue a transaction request in electronic financial transactions or transfer or acquire a means of access used to secure the authenticity and accuracy of users and the details of such transaction, or borrow or lend a means of access or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

On January 20, 2016, the Defendant sent a passbook and a e-mail card to enable credit rating to be set by setting up a trading performance for two months. On January 20, 2016, the Defendant called “a loan of KRW 5 million is possible if the passbook and e-mail card are sent.” On January 22, 2016, around the convenience store located in Pyeongtaek-si B, the Defendant opened a e-mail card and password connected to the company bank account (D) opened in the name of the Defendant through an article of Kwikset service in the name of the Defendant.

As a result, the defendant promised to make compensation, and delivered the means of access to financial institutions to their names.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Receipt of deposit, and financial data inquiry;

1. Records before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, inquiry reports, previous dispositions, results of confirmation, and reporting;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The reasoning for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes, even though the Defendant had been subjected to a disposition of suspension of indictment due to the same kind of crime, the Defendant committed the instant crime at all times, and the Defendant’s act of transmitting the means of access, etc., and the judgment on the instant crime becomes final and conclusive.