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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 1, 2017, the Defendant was sentenced to imprisonment with prison labor for a period of four months for a violation of the Electronic Financial Transactions Act at the Jeonju District Court on June 1, 2017 and the said judgment became final and conclusive on June 9, 2017.
Except as otherwise expressly provided for in other Acts, no person shall transfer any access medium or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.
1. On November 3, 2017, the Defendant leased an access medium with a promise to receive KRW 2 million per day of the head of the Tong, C Card, OTP card, and official certificate in the name of the limited company C (D) in the name of the Defendant’s representative from the Daejeon High-speed Bus Terminal Cargo Office, and then lent the access medium with a promise to provide compensation by sending it to the non-party “E” as an express bus freight.
2. In January 2018, the Defendant transferred the access media by sending the respective passbooks, e-mail cards, OTP cards, and official certificate to those in the Indonesia, the Defendant transferred the access media by air mail to those in the Indonesia, who are in the name of the new bank account (G) and the national bank account (H) in his name.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Information on insured persons of A bank, details of transactions, contracts to purchase e-mail cards, details of transactions with new banks Internet, and details of transactions with new banks;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to report criminal investigations (Attachment to judgment sentenced by imprisonment);
1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions and Trade (a means of lending an access medium) concerning the facts constituting an offense, and Articles 49(4)1, and 6(3)1 (a) of the Act on Electronic Financial Transactions and Trade (a point of transfer of an access medium);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.