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 one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

1. On June 19, 2015, the Defendant: (a) received KRW 1,00,000 from the person in terms of his/her name in front of the KGIT building in Mapo-gu Seoul Metropolitan Government; and (b) issued one passbook and one check card to the one bank account in the name of the Defendant to the person in terms of his/her name, via Kwikset service article.

2. On June 22, 2015, the Defendant: (a) received KRW 1 million from the person who was in the name of the Defendant at the same place; and (b) issued one passbook and one check card to the account (C) in the name of the Defendant to the person in the name of the Defendant via Kwikset Service Articles.

Accordingly, the Defendant transferred the access media over twice as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Response to financial information;

1. Application of investigation reports (Analysis of transaction details of the NongHyup Account transferred by the person under investigation);

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 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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Unfavorable circumstances, such as the fact that the instant crime has no record of being punished for the same kind of crime: (a) the quality of the instant crime is not good for the crime to be transferred to one’s own access medium for payment; and (b) the instant crime is likely to lead victims to another crime; and (c) the need for strict punishment is high and the access medium transferred by the Defendant is used for the actual crime; and (d) other circumstances under Article 51 of the Criminal Act are