A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of suspension of execution on September 30, 2017 by imprisonment with prison labor on September 22, 2017, due to the violation of the Electronic Financial Transactions Act at the Suwon Franchi, and the said judgment became final and conclusive on September 30, 2017 and is still under suspension of execution.

[Criminal facts] No person shall transfer or acquire access media unless otherwise specifically provided for in other Acts in using and managing access media.

On January 25, 2018, the Defendant sent a physical card from the employment office in front of the employment office of the Republic of Korea, where the name of “B” is unknown, the Defendant obtained a loan of 300,000 won, and sent a physical card to a person whose name is unknown by using one of the access media connected to one bank deposit account (Account Number: C) in the name of the Defendant, and notified the password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Detailed statement of transactions;

1. Customer information, etc.;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. The reason for sentencing of Article 49(4)1 and Article 6(3)1 of the Act on Electronic Financial Transactions for the pertinent criminal facts and for the selective punishment [the scope of punishment] imprisonment with prison labor for not more than three years [the scope of punishment]] is deemed to have led to the instant crime for which a person intends to obtain a loan because it is not good for economic circumstances, and thus, is deemed to have led to the instant crime.

Since unfavorable circumstances: damage caused by phishing crimes is serious, there is a need to strictize lending of an approaching medium, which is the beginning of the phishing crime.

The defendant was aware that transferring the check card is illegal, because he was sentenced to a one-year period of suspension of execution by leasing the check card to another person even before he was paid the price and was sentenced to a one-year period of suspension of execution.