A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on December 9, 2014, the Defendant established a limited company B at the Jeonju Tax Office, and visited the Gwangju Bank and the post office located in the preceding week on the same day, respectively, and opened the Gwangju Bank Account (C) in the name of the limited company B, and opened the post office account (D), and led to the name Buddhist individuals waiting for the cash card, password, etc., which is an access medium connected thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Specified financial transaction information;

1. Application of Acts and subordinate statutes on account transactions of limited companies B;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are against the Defendant’s recognition of the instant crime and the mistake, and the fact that the Defendant has no record of being punished for the same kind of crime are favorable to the Defendant.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for gambling crime.

In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.

These points are disadvantageous to the defendant.

It is ordered to take into account all other circumstances prescribed in Article 51 of the Criminal Act.