A defendant shall be punished by imprisonment for six months.

except that 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 one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

On July 4, 2014, the Defendant transferred the means of access by providing the Defendant’s name-based treatment securities account (C) to the driver of a motor vehicle in front of the national bank in the vicinity of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, with a proposal that he/she would give KRW 3 million per week by transferring the physical card from his/her name-free person. On July 4, 2014, the Defendant transferred the means of access by delivering it to the driver of a motor vehicle.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that if an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes, such as scaming, etc., it is necessary to strictly punish the transfer.

Specifically, prior to the instant crime, the Defendant was investigated on two occasions with respect to the transfer of the means of electronic financial transactions (one time of disposal, suspension of indictment, one time of the suspension of indictment), and was deemed to have known that the transfer of the means of electronic financial transactions is an offense that is not easy, but the instant crime was committed. However, taking into account the various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the instant records and arguments, the sentence shall be determined as per the order.