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

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

The defendant will give 70,000 won per page of the transfer of the physical card from a person who is not his name.

“On the receipt of a proposal, on April 4, 2017, the first physical card connected to the account (D) opened in the name of the Defendant at the place of business located in the Seoul Special Metropolitan City, Busan Special Metropolitan City, and one physical card connected to the No. 3 (E) account opened in the name of the Defendant, was transferred to the above person without his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiries about personal information of customers and the application of statutes governing certificates of deposit transactions;

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. In light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and the circumstances leading up to the Defendant’s lending of the access medium and the transfer consideration, the Defendant’s imprisonment should be punished even if considering the favorable circumstances, such as the fact that the access medium was used for an abnormal or unlawful purpose, and that the Defendant’s transfer of the access medium was ultimately used for a crime of fraud, causing secondary damage.

Determinations shall be made.

However, considering the above-mentioned favorable sentencing conditions and all the sentencing conditions, such as the defendant's age, sex, environment, etc., the term of punishment shall be set and the execution thereof shall be suspended as ordered.