A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on December 2016, 2016, the Defendant received a proposal from 2 people in front of the Defendant’s residence located in Gyeongbuk-si, Gyeongbuk-si, and accepted a loan to the extent of 30 million won from 25 million won to 30 million won if he/she opens a old-age corporation and send a passbook under his/her name. In addition, the Defendant established a corporation C (corporate registration number : D) and registered its business in its name.

On December 2, 2016, the Defendant, as a member of the Daegu Bank under 2387, transferred the name-based and password to those under the name of the Defendant, and transferred the access media in electronic financial transactions by notifying the names of those under the name of the Defendant of the head of the Tong, physical card 1, and OTP card 1 connected to the Daegu Bank Account (E) in front of the Dong branch of the Daegu Bank under the name of the Co., Ltd. (E).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application for opening of an account, details of transactions, and application of statutes of one copy of the corporate registry;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as: (a) the establishment of a old-age corporation despite the fact that the defendant was punished twice for the same crime; (b) the nature of the crime is not good for the case of transferring the access media, such as the passbook in its name; (c) the transfer of the access media was actually used for the crime of telephone financing fraud; and (d) the fact that

However, the fact that the defendant recognized the crime of this case against the mistake, and did not participate in the telephone financing fraud.