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

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on November 2017, the Defendant, who had misrepresented to the staff of the liquor company, stated that “the account needs to be kept to save taxes” from the nameless person who had misrepresented to the staff of the liquor company, would be KRW 700,000 per day on the face of a diven week.

“In receipt of the proposal,” and accepted it on November 23, 2017, at around 12:00, at C located in Busan-si, the post office account under the name of the Defendant and the check card linked to the bank account (D) and (E) are transferred to an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements prepared by the F;

1. Application of Acts and subordinate statutes to a copy of deposit receipt and a financial transaction reply note;

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 (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the access media that one defendant transferred is actually used for fraud crime, the physical card that the defendant transferred is two, and the actual damage amount is not much significant, it is disadvantageous to the defendant.

On the other hand, a punishment shall be imposed by taking into account the following circumstances: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant appears to have failed to obtain particular benefits from the instant crime; (c) the favorable circumstances, such as the Defendant’s age, occupation, sex and environment; (d) motive, circumstance, consequence, etc. of the instant crime; and (e) other circumstances, such as the Defendant’s age, occupation, sex and environment;