A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 13, 2018, the Defendant lent 2 head of the post office account (C) in the name of the Defendant and 2 head of the bank account (D) for three days, and sent 2,40,000 won per 1 card to the non-resident on the condition that the Defendant received 2,40,000 won per 1 card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. As a result of the process of transferring gold accounts by separate account, certificates of results of remittance, and replies to requests for provision of financial transaction information;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, the Defendant was the first offender with no record of criminal punishment, and the Defendant was unable to obtain any benefit from the above crime. However, without such a crime, the Defendant could not be said to commit the crime, and the victim was victimized by remitting the above account amounting to KRW 90,000,000.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.