A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person shall not transfer or take over the means of access in using and managing the means of access, and the accused was aware on December 13, 2016 that, upon hearing the speech that “if he/she lends a e-mail card due to tax issues, he/she would pay KRW 3 million to one month,” the e-mail card, which is the means of access, was sent to him/her. On May 31, 2017, the account connected with the e-mail was used for committing the e-mail fraud, and that the Suwon District Court received a summary order of KRW 3 million as a crime of electronic financial transaction by violating the Electronic Financial Transactions Act from Suwon District Court on May 31, 2017, the means of access sending the means of access, as seen above, can be used for the crime of phishing fraud.

Nevertheless, around February 28, 2018, the Defendant listened to the phrase that “the Defendant would create a Maspbook equivalent to KRW 8 million on the face of sending the Maspbook” from a person who was not the deceased’s name before the Kwikset University located in Yong-si University B, and then sent a Masp Card (E) to a person who was not the deceased’s name through Kwikset Service, which is the means of access under the name of the Defendant.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Search, seizure and verification warrant, details of accounts traded in national bank accounts, and photographs of eck cards seized;

1. Previous convictions indicated in the judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have transferred the means of access, which has been punished for the same kind of crime, and the nature of the crime is not that of the defendant.

However, the defendant is in the same kind.