A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On March 22, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of Road Traffic Act (unlicensed Driving) at the Jeonju District Court on May 2, 201, and the judgment became final and conclusive on the 30th of the same month.

[Criminal facts] No person may transfer access media to another person in using and managing access media.

On February 17, 2016, the Defendant sent a cash card and an access medium, which is a access medium connected to the company bank account (C) in the name of the Defendant, the representative of which is a limited company B, to a person who is not in the name, and transferred an access medium by sending an express bus freight to the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. A written complaint of G;

1. Current status of financial transaction data;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning report on investigation (Attachment to judgment during the suspension of execution);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

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 is that the Defendant was punished by a fine for the same kind of crime, and the Defendant was also aware of the harmful effects of the transfer of an access medium due to the fact that he/she was found guilty of transferring the electronic financial transaction access media, and that the Defendant committed the instant crime without being aware of the fact that he/she continued the criminal trial due to the first head of the judgment, even though he/she was in force due to the violation of the Road Traffic Act (unlicensed driving).

The Defendant received KRW 700,00 from the transferee of the access media and established a floating legal entity. The previous crime that was punished for transfer of the access media was intended to obtain abnormal loans, and thus, the Defendant committed the instant crime in order to obtain loans by accepting Defendant’s assertion.