A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 3, 2017, the Defendant: (a) heard the horses that “to obtain a loan, the Defendant sent a e-mail card necessary to register the e-mail card for the repayment of the loan” from a person who misrepresented the employees of a financial institution; and (b) issued a e-mail card connected to the Cbank (D) account in the name of the Defendant at the B office located in Gwangju Seo-gu, Gwangju, via a home-based service; and (c) transferred the means of access by notifying the relevant password.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion against the defendant under Article 62-2 of the Social Service Order Criminal Act and the defense counsel argued that the defendant was asked at the time that he had no scam to the person who was absent from his name, and that it was not intended to transfer the means of access because the defendant sent a scam card to the person who was not under his name and delegated his password to him for temporary use because he was asked to change the password after his registration.

However, the following circumstances revealed from evidence duly adopted and examined by this court, i.e., ① the Defendant was investigated three times by allowing another person to use his account, and the Defendant was well aware that it could be used for the crime of Bophishing in the process of allowing another person to use his account. ② The Defendant knew that it is different from the other lending company’s repayment method to send a physical card for the repayment of the loan in this case and to notify the password. ③ This reason is the reason for this.