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

[Criminal Records] On January 11, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of official duties by the Jeonju District Court, and the said judgment became final and conclusive on January 19, 2017.

[Criminal facts] No person may transfer any access medium for electronic financial transactions.

Nevertheless, the Defendant listened to the speech that “the details of the transaction shall be made in order to obtain a loan, and it is necessary to prove the details of the transaction that received a monthly wage in a specific region for several months.” On March 30, 2016, the Defendant received KRW 300,000 from the French Bank Account (D) in the name of the limited company C and the Defendant was the representative, and transferred each passbook and e-mail card connected to the Nong Bank Account (E) and the Nong Bank Account (E).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Responses to requests for cooperation in investigation affairs and specified financial transaction information;

1. Investigation report (the result of execution of a warrant of search and inspection);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a written investigation report (verification of facts under probation period);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The act of arbitrarily transferring the medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to infringe on the reliability of the safety performance of electronic financial transactions and cause secondary damage as used in the crime.

In addition, the defendant has established a floating corporation for the purpose of receiving abnormal loans without the intention of establishment and operation, and the transfer of electronic financial transaction access media is very poor, so there is no need for strict punishment.

However, there is no evidence that the defendant transferred access media has been used for another crime.