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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
No person shall transfer or take over any access medium in using and managing access medium for electronic financial transactions, unless otherwise specifically provided for in any other Act.
The Defendant received 60,000 won in cash from C through G, and transferred to B the access media for electronic financial transactions by giving them to C, on March 2016, 2016, the paper containing three cash cards connected to the Agricultural Cooperative Deposit Account (E), the Bank (F), and the National Bank (G), three pages of the cash card connected to the National Bank (G), three pages of the number, three pages of the number, and three of the OTP generating machine.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of each police in relation to C or B;
1. Police seizure records and list of seizure;
1. A report on investigation (a copy of the indictment by the transferee H) and the application of Acts and subordinate statutes in writing of indictment;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. It is so decided as per Disposition on the grounds of above Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da15488, Apr. 2, 2008).