A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No person shall transfer any access medium to any third person in using and managing the access medium.

On July 26, 2016, the Defendant transferred cash cards and OTP (Security Cards) connected to the account under the name of the limited company B, the Defendant’s representative, from the front side of the new cooperation effect point of 13-1, 5-Do, the Chungcheongbuk-si, the Chungcheongbuk-si, the Defendant transferred the cash cards and OTP (Security Cards) to the non-name-specific access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the detailed statement of transactions prohibited from automatically entering and withdrawing cash;

1. An application for first transaction by members (B);

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016) on criminal facts

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the recognition of the crime of this case and the mistake, and the fact that the defendant has no record of criminal punishment is favorable to the defendant.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for fraud.

In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.

These points are disadvantageous to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.