No person shall transfer a means of access used in electronic financial transactions.

Nevertheless, around July 19, 2019, the Defendant transferred the means of access to electronic financial transactions by sending e-mail cards connected to the Defendant’s name bank account (D) in front of C in the East Sea as of July 19, 2019 through Kwikset Service, thereby transferring the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of transfer transactions and details of transactions of entry and withdrawal;

1. Application of the Kakao Stockholm dialogue legislation

1. It is necessary to strictly punish the act of transferring the means of access to another person as a means of another crime, such as singing, etc., if the act of transferring the means of access to a criminal offense, such as Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, and the Defendant’s reason for sentencing choice of imprisonment, etc.

In this case, the means of access transferred by the defendant was used for the crime of Bophishing fraud, causing damage.

Even though there have been two or more criminal records of punishment for the same crime, the defendant committed the same crime.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.