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

No person shall transfer the access medium in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on November 17, 2015, the Defendant listened to the remarks of the person without a name, who would pay the physical card on a face-to-face basis at the Defendant’s residence located in Seoul, and sent one cash card connected to the head of the post office (Account Number C) under the Defendant’s name via Kwikset service employees, and notified the password of the said card while holding the above name with a non-name and telephone call.

Accordingly, the Defendant transferred the electronic financial transaction law access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints of D;

1. Investigation report (Attachment of summary order related to the previous calendar);

1. A detailed statement of transactions without passbook;

1. Application of Acts and subordinate statutes on account transactions;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is not deemed to have been committed by transferring the access media that can be used for the so-called Bophishing crime or the Internet fraud crime; the Defendant’s transfer of the access media, such as the cash card, etc., was actually used for the crime of fraud and causing damage.

The Defendant cannot be viewed as having committed the instant crime even if he/she was punished twice or by a fine due to the transfer of an access medium: The circumstances favorable to the Defendant that led to the instant crime: the Defendant acquired the consideration for the instant crime.

In light of the above circumstances and the background and motive leading up to the instant crime, circumstances after the Defendant committed the instant crime, and other circumstances, such as the Defendant’s age, sex, and environment, are considered as conditions for sentencing as shown in the instant records and arguments.