A defendant shall be punished by imprisonment for four months.

However, 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

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium while receiving, demanding or promising to receive any consideration in using or managing access medium for electronic financial transactions.

On January 2016, the Defendant sent the cash card, etc. of a new bank account (Account Number: C) in the name of the Defendant, which is a medium of access to electronic financial transactions, at the mutual influent convenience store located in the Young-dong, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A list of details of cash entry and withdrawal, verification certificates, and inquiry of details of transactions;

1. An application for bank transactions, details of transactions, certificates of account classification, records of transactions by account, photographs of check cards, etc. (the defendant and his/her defense counsel did not constitute transfer under the Electronic Financial Transactions Act and did not intend to do so;

However, according to the evidence duly adopted and examined by this court, the defendant's above act constitutes a transfer under the Electronic Financial Transactions Act, and it can be sufficiently recognized that the defendant did not recognize it. Thus, the above argument is not accepted.

Application of Statutes

1. Relevant Article 49 (4) 1 and 6 (3) 1 of the Act, the selection of an electronic financial franchise for criminal facts, the selection of a punishment for imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even if the defendant transferred his card, etc. even before, again, leads to the instant crime, taking into account the Defendant’s age, sexual conduct, and circumstances after the crime, etc., and determining the punishment as ordered by the disposition, taking into account the sentencing conditions indicated in