A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal records] On May 26, 2014, the Defendant was sentenced to a fine of KRW 1 million by the Seoul Western District Court for a violation of the Electronic Financial Transactions Act, and on August 1, 2014, the Defendant was sentenced to a fine of KRW 2 million by the Gwangju District Court for a violation of the Electronic Financial Transactions Act.

[2] Except as otherwise provided for in other Acts, no person may transfer any access medium to another person in conducting an electronic financial transaction or using and managing an access medium used to ensure the authenticity and accuracy of the user and the details of the transaction.

Nevertheless, on December 4, 2017, around 19:00, the Defendant transferred a physical card and a password linked to the new bank account (B) opened in the name of the Defendant, subject to the condition that the Defendant work as a person whose name is unknown, to the nearest area of the Dong-gu, Daegu-gu, Daegu-gu, 550 (hereinafter referred to as “Dong-gu, Daegu-gu”) location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipt of transfer deposits, personal information of account holders, and details of transactions;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant committed the instant crime even though he had the record of criminal punishment for the same kind of crime, and on the other hand, the Defendant committed the instant crime, and the number of transferred access media as well as other circumstances shown in the instant argument.