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

Except as otherwise expressly provided for in any other Act, no person shall transfer any electronic card, electronic information equivalent thereto, certificate, password, or any other access medium in electronic financial transactions.

On April 27, 2017, the Defendant: (a) called a telephone call to the effect that “the Defendant would give 5% of the deposit amount if the account is sent in order to require a tax problem; (b) the Defendant sent a physical card connected to the Defendant’s name prior to the discharge from active service located in the center of the Daejeon Metropolitan City, Dong-gu, Daejeon.” (c) transferred a phone card connected to the Defendant’s name (Account Number: B) to the Nonindicted Party, and the password was notified.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the detailed statement of financial transactions entry and withdrawal;

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. In light of the fact that the Defendant’s crime of this case for the reason of sentencing of Article 62(1) of the Criminal Act, which is the delay of traffic, may not only undermine the safety and trust in financial transactions, but also abuse leased cards, etc. as a means of other crimes, and that the Defendant’s neck card, etc. leased was used for actual fraud, it is necessary to strictly punish the Defendant.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, reflects the defendant's mistake, there is no criminal conviction of the same kind, the defendant seems to have no profit from the crime of this case, and the defendant's age and sexual conduct, shall be determined like the order.