A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall transfer or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

On January 3, 2018, the Defendant: (a) received a proposal from a person without his/her name to “in the event of sending a e-mail card, he/she will open a maths passbook after accumulating his/her transaction performance; and (b) accepted it; (c) around 15:00 on the same day, the Defendant used two e-mail cards connected respectively to the e-mail bank account (C) and the national bank account (D) in front of the Defendant’s residence located in Suwon-gu, Busan; and (d) sent e-mail cards to the person without his/her name and notified the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Details of transactions of deposits in and out of each community, response materials to the Saemaul Treasury, certificates of deposit confirmation, response to requests for information on financial transactions, and inquiry table of customer information;

1. The list of mobile phone calls submitted by the defendant and the phone number of the vehicle;

1. The contents of Stockholm letters;

1. Application of Acts and subordinate statutes to inquiries, such as a report on investigation (report on criminal records of the same kind as the suspect), criminal history;

1. Article 49 (4) 1 and Article 6 (3) 1 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 Criminal Act under the suspended sentence is that the Defendant again committed the instant crime even though he/she was punished by a suspension of indictment or a fine due to the violation of the Electronic Financial Transactions Act on several occasions, taking into account all of the sentencing conditions including the fact that the Defendant’s instant crime was committed through the electronic financial access media transferred by the Defendant, the Defendant selected the imprisonment, taking into account the fact that the instant crime was actually committed through sandbling, but has no record of being punished heavier than the fine of the same kind of crime, and confession, etc.