A defendant shall be punished by imprisonment for six 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 or acquire any access medium issued by a financial institution or electronic financial business entity for electronic financial transactions.

Nevertheless, on February 2017, the Defendant shall pay KRW 3 million if he/she transferred a physical card from a person who has no name to his/her name.

“In receipt of the proposal, I accepted it, and transferred the passbook of the post office account (Account Number B) opened in the name of the Defendant, which is a medium access to electronic financial transactions, from the 304 front of the Daegu Suwon-gu Criminal Code-ro 7, and the 304 front of the water site apartment, to the person in default of name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter, taking into account the favorable circumstances among the reasons for sentencing): The instant crime is highly likely to harm the safety and trust of financial transactions, and the transferred access media may be abused as a means of other crimes, and thus strict punishment is required. In addition, not only the passbook that was transferred by the Defendant was actually used for the crime of fraud, but also the circumstances in which the Defendant would transfer the money deposited in his account in return for KRW 120,000 to another person: (a) reflects the Defendant’s mistake; and (b) there is no benefit gained from the instant crime. Taking into account all the circumstances, such as the Defendant’s age and occupation, the Defendant’s motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc.