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

No one shall transfer or take over any access medium unless otherwise expressly provided for in other Acts in using or managing the access medium, and shall lend the access medium in return for compensation.

Nevertheless, the defendant opened a corporate passbook and made a false transaction performance on the face of the week, thereby allowing the loans to be granted by the defendant.

“After accepting the proposal, around November 16, 2015, at the time of the receipt of the proposal, the national bank account (e.g., the passbook, cash card, and the cash card from the national bank, and the national bank account (e.g., the head of the Tong, cash card, seal impression, business operator certificate, certified copy, and abridged copy of the passbook, cash card, business operator certificate, and abstract of the national bank account (e.g., the head of the Tong-gu) in the name of “(e.g., the accident”) sent by the person who was not the deceased before the National Bank located in Jin-gu, Jin-gu., Seoul.

Accordingly, the Defendant, as seen above, promised the intangible benefit to obtain a loan by creating a false transaction performance with the needy person, and delivered the access media to the needy person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s written petition and materials to be submitted;

1. Search and seizure inspection warrant and reply materials;

1. Investigation report (to attach a certified copy of the corporate register established by A of a suspect, to submit and report the details of transactions of a suspect's account, and to confirm the same record as the suspect);

1. Application of Acts and subordinate statutes to certified copies of the corporate register, details of transactions, non-prosecution decisions, and copies of written statements;

1. Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding the facts constituting an offense (a lease of an access medium)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The Defendant committed the instant crime on the grounds favorable to sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.