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 September 3, 2013, the Defendant opened two accounts in the name of the Defendant in the name of the Nonghyup Bank (Account Number C and D) from the “Dang Amul Branch in the name of the Defendant, Co., Ltd., Daegu-si, Daegu-si, Daegu-si, Seoul-si, which was located in 11 North Korea-ro, and transferred two copies of the above account to the name of the Defendant and two copies of the Cm Card connected to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute to describe details of financial transactions, details of opening and trading of accounts, details of account transactions, application form for each transaction, and customer confirmation phrase for eradicating passbooks;

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 and caused damage to KRW 11.68 million (i.e., KRW 5., KRW 5.78 million) (Evidence Records 8, 14, 72, 74 pages). If the Defendant did not transfer the access medium, no erroneous person would have become the victim of financial fraud.

Even if the Defendant transfers the passbook or cash card to another person, he/she signed the “the phrase of customer confirmation for eradicating the passbook” stating the warning that a person may be punished by the Electronic Financial Transactions Act (No. 27). Therefore, the Defendant shall be sentenced to the sentence of the Defendant.