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

The Defendant: (a) heard 300,000 won per page of a corporate passbook from a person in an influence to name; (b) established a limited company B in the name of the Defendant; and (c) opened the Nong Bank account in the name of the said corporation; and (c) transferred directly a passbook and an OTP card connected to the said account to an influenced person on August 26, 2016, over the guidance of Asan City, around Asan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A warrant for search and inspection;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant recognized the instant crime and against his mistake, and that there seems to be no benefit acquired from the instant crime, and that there was no record of punishment for the same crime against the Defendant, etc. are favorable to the Defendant.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for the crime such as gambling.

In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.

These points are disadvantageous to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.