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.

No person shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on December 22, 2016, the Defendant accepted the proposal that “The Defendant would pay KRW 5 million to the head of 2,000,000,000,000,000,000,000,000,000,000,000) from a person who was in the name of the deceased, and then transferred the physical card and password of the bank account (C) and corporate bank account (D) in front of the Gyeonggicheon-gun Group B, the Defendant transferred the access media used for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each statute described in subparagraph (A) of the report on the occurrence of the suspected incident against fraud, report on internal investigation (Attachment to a specification of transaction), application for transaction, and inquiry about transaction details;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The instant access medium transferred by the Defendant was actually used for the commission of phishing fraud, thereby causing damage to KRW 10.5 million (i.e., KRW 5 million) (Evidence 7, 13, 25, 26, 56, and 63). If the Defendant did not transfer the access medium, any mistake would not have occurred.

Even in the case of transfer of a passbook to another person, the defendant's passbook has a warning phrase that the passbook will be subject to legal punishment (Evidence Record 116 pages). Accordingly, the defendant will be subject to imprisonment with prison labor to be sentenced.

However, the defendant is against himself while making a confession of crime.