Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Punishment of the crime

No person shall transfer or arrange the transfer of any electronic financial access medium.

1. Notwithstanding Defendant A, on July 11, 2014, the Defendant purchased and sold a passbook in front of the Saemaul Treasury that was located in the counter-dong of Changwon-si, Changwon-si, and received the price and arranged the transfer of the passbook, physical card, and password from the Saemaul Treasury Account (C) in the name of B upon the request of B, and then transferred the passbook, physical card, and password to the person who was not the name.

2. Nevertheless, on July 11, 2014, the Defendant: (a) received the transfer price from the Saemaul Treasury that was located in the counter-dong of Changwon-si, Changwon-si; and (b) transferred through A the passbook, physical card, and password of the Saemaul Treasury Account (C) in the name of the person himself/herself opened on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol against the Defendants concerning the interrogation of suspect (including D substitute part)

1. Each police statement made to E and F;

1. A written petition;

1. Application of Acts and subordinate statutes of each remittance confirmation document;

1. Article 49 (4) 4 and Article 6 (3) 5 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same shall apply); Defendant B who choose a sentence of imprisonment: Articles 49 (4) 1 and 6 (3) 1 of the former Electronic Financial Transactions Act; Articles 6 (3) 1 and 6 (3) 1 of the former Electronic Financial Transactions Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B’s order of provisional payment: (a) the act of transferring the access media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act constitutes an offense that is highly likely to mislead many and unspecified victims by facilitating other crimes, such as fraud; and (b) the fact that the access media actually transferred by the Defendants was used in the fraud of the sale of goods on the Internet; and (c) the Defendants voluntarily and actively transferred the access media, and thus, does not constitute a crime. However, the Defendants are punished by a fine.