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 person shall transfer any access medium to another person in using and managing the access medium.

On January 2013, the Defendant transferred the cash card, which is an access medium connected to the Defendant’s name bank account (C) and the Agricultural Cooperative Account (D), from a high-speed bus terminal located in Geumjin-gu, Seoul Special Metropolitan City at the end of the end of January 2013, to an access medium by sending it to a high-speed bus freight.

Summary of Evidence

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

1. Each statement of the defendant;

1. Each police statement made to E and F;

1. Application of the transaction details (Evidence Nos. 6), application form and transaction details (No. 15) Acts and subordinate statutes;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant did not intend to receive and deliver access media in order to obtain a loan, and does not ultimately transfer it to another person. Therefore, the Defendant did not intend to “transfer” under Articles 6(3)1 and 49(4)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015).

2. Comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence, it is sufficiently recognized that at least dolusent intent exists with regard to the transfer of electronic financial transaction access media to the Defendant. Thus, the above assertion by the Defendant and the defense counsel is rejected.

(1) In an investigative agency and this court, the defendant is offered to a person under whose name the defendant would offer a loan after raising credit rating by repeatedly accumulating transaction performance by sending a passbook, cash card from a loan broker, as stated in the judgment of the defendant, if he/she is sent to him/her as stated in the crime.