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.

Punishment of the crime

No person shall transfer any access medium under the Electronic Financial Transactions Act.

Nevertheless, on July 27, 2016, the defendant would use the e-mail card to avoid liquor tax when he/she transferred the e-mail card by telephone from a person without his/her name.

“Around the 28th day of the same month, at the Busan metropolitan post office located in 5-18, a 5-13-gil-ro, Busan, Dong-gu, Busan, sent a e-mail card connected respectively to the passbook (Account Number: B) of the Busan bank and the passbook (Account Number: B) of the National Bank (Account Number).

As a result, the Defendant transferred the access media, thereby violating the Electronic Financial Transactions Act.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The certificate of transfer confirmation, details of transactions, and letters;

1. Application of Acts and subordinate statutes to a internal investigation report (verification as to whether a person has received the check card in the name of Busan Bank);

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 reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant promised to receive the price and transferred the accessible media. The access media is disadvantageous to the fact that it was actually used for the actual telephone financial fraud crime, the fact that it reflects the mistake by recognizing the instant crime, the fact that it was not involved in the telephone financial fraud crime, the fact that it was not actually acquired, and all other favorable conditions for sentencing, including the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the disposition.