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.

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

Nevertheless, on February 2017, the Defendant issued Kwikset service a head of physical card linked to the post office account (C) in front of the Defendant’s residence in the Seocho-si of the Republic of Korea on February 2, 2017.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each Act or subordinate statute, such as details of transactions, details of transactions, details of accounts of post office accounts in the name of a suspect;

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 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 media transferred by the Defendant is presumed to have been actually used for the singishing crime, causing the victims, and the amount of damage exceeds the total of KRW 10 million (Evidence No. 11,27 pages). If the Defendant did not transfer the access media, good-faiths who did not have any error would not have become the victim of the fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to an offense, the same criminal record or the suspension of execution has no criminal record or more, and the access media that the defendant transferred relates to one account, but community service shall be ordered in consideration of the above circumstances.