However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Except as otherwise expressly provided for in any other Act, no one shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on February 3, 2018, the Defendant: (a) received a telephone call from a person who was in the name of the Defendant, “a loan of KRW 30 million; (b) he/she may pay interest separately; (c) he/she illegally received interest; and (d) changed his/her account number and password to be known; and (c) accordingly, transferred the access media by transferring the access media to a person who was in the name of the Defendant, using a one copy of the physical card that was linked to the post office account (D) in the name of the Defendant, at the C's office located in Jin-si B around February 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiry of transaction details and verification of transaction details;

1. Application of bank response data (A post office account) and details of transactions to Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (or by imprisonment); Article 6 (3) 1 of the same Act (or by choice of imprisonment);

1. The act of transferring the access media to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act requires strict punishment since the access media can be used as another means of crime. In fact, the access media transferred by the defendant was used for other fraudulent crimes, thereby causing damage.

In addition, the defendant has a history of being sentenced to suspension of indictment for a similar crime and has been punished several times including suspension of execution for another crime.

However, the punishment as ordered shall be determined by taking into account various circumstances shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., such as the fact that the defendant's mistake is recognized and reflected, and the actual benefit is deemed not to have been realized.