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

On June 9, 2015, the Defendant: (a) issued a proposal to the effect that “I would pay money if I would make a limited company and open and transfer a passbook under the name of the company; (b) I would like to establish a limited company “C (Registration Number D)”; and (c) issued a cash card, password, and an access medium connected to the said two accounts to the bank in North Korea, in the name of the corporation, at the bank in North Korea, I would like to establish the limited company “C (Registration Number D)” and then complete the registration of the business; and (d) at the bank in North Korea, I would like to set up the account in the name of the juristic person; and (e) deliver the cash card, password, and the OTP card to the non-person.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on certified copies of corporate registers, reply details to Korea Post;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The act of transferring the electronic financial transaction access media to another person on the grounds of sentencing under Article 62(1) of the Criminal Act is a serious criminal act that may cause multiple victims by using it for other crimes, such as Bosing, etc.

The defendant establishes a company with his representative and transfers an access medium created by opening an account in the name of that company to another person. In light of the method of crime, the crime is not good.

However, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the defendant is detained for a certain period of time and reflects the fact that the defendant has no particular criminal history except for those subject to a fine once due to previous convictions; and (b) the defendant's age, sex, environment, motive and consequence of the crime; and (c) all the sentencing conditions specified in the arguments of the case