A defendant shall be punished by imprisonment for four 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

On October 25, 2016, the Defendant agreed to obtain a loan of KRW 13 million from his name in spite of no good credit status, and sent a physical card connected to the Defendant’s bank account (E) that is an access to electronic financial transactions to Kwikset service article through Kwikset service article.

Accordingly, the defendant promised to receive compensation and transferred the electronic financial transaction access media.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as receipts, financial transaction information in the name of a national bank account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was that the Defendant transferred access media to the Defendant for the purpose of receiving unfavorable circumstances and loans, such as the circumstances used for financial fraud, etc., and the Defendant was sentenced to the same sentence as the order by taking account of the favorable circumstances, such as the first offender who has no criminal history, etc. (not directly delivered the access media of this case to the person who is a financial institution employee, but delivered it to Kwikset by using Kwikset, and not only intended to dispose of the said access media on the part of the recipient, but also did not specifically set the time of destruction, and it was known that the Defendant, who received multiple loans, was aware that the method of lending was not normal.

In light of the circumstances seen above, the delivery of the above-mentioned access medium is more likely to allow other persons to conduct electronic financial transactions at will using the access medium rather than the means for receiving the loan, and this constitutes the transfer of the access medium.