A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person shall transfer a means of access used in electronic financial transactions, except as otherwise provided for in any other Act.

Nevertheless, around December 13, 2018, the Defendant received loans from the front door of the Dongdaemun-gu Seoul Metropolitan Government B apartment, and transferred the means of access, such as one check card and password, connected to the account in the name of the Defendant using Kwikset Service to the Cbank (D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigation report (Submission of a certificate of transaction verification of victim E);

1. Application of Acts and subordinate statutes to screen pictures following the closure of the defendant mobile phone;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order causes a result that a defendant sent a physical card to an unspecified person by allowing him/her to use his/her account, and by informing him/her of his/her password, thereby facilitating the fraud by deceiving the money from the victim, and even though the defendant was sentenced to a fine on January 18, 2018, he/she again commits the instant crime before one year after being sentenced to the said fine, in light of the fact that the defendant committed the instant crime even though he/she was sentenced to a fine on January 18, 2018, etc., the defendant should be punished with strict punishment.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has no record of punishment except for the punishment imposed by the crime of violating the above Electronic Financial Transactions Act, the fact that the defendant repents and reflects his mistake, and that the defendant seems to have no profit gained in the course of committing the crime of this case, the number of times shown in the trial process of this case, such as the age, character and behavior, environment, and circumstances before and after the crime, etc.