A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

【Criminal Records of Crimes】 On December 23, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months at the Incheon District Court for a crime, such as special intimidation, and the judgment became final and conclusive on July 8, 2017.

【No person who commits a crime shall transfer any access medium, except as otherwise expressly provided for in any other Act, in using or managing an access medium, such as an electronic card or password, which is used to issue a transaction instruction in financial transactions or to secure the authenticity and accuracy of users and transaction details.

Nevertheless, the Defendant, at the Internet website, sought “ through Tong,” posted by D using Kakao Stockholm D.

In response to the report on the notice of “in-house,” the notice will be received as consideration for KRW 200,000,000. On the roads of Incheon General Terminal located in Incheon, around June 23, 2016, one copy of the passbook, check card, and security card, each connected to the Defendant’s new bank account (E), Samsung Securities Account (F), respectively, are sent to D, and one copy of the passbook, check card, and security card, each connected to the Defendant’s Samsung Securities Account, are transferred to D, and the electronic financial transaction access medium is continuously transferred in such a way as to notify the password, around 18:00, June 24, 2016, at the same time, the head of the Tong, check, and security card, which are linked to the Defendant’s national bank account (G) account in Seoul, and the electronic financial transaction is transferred to D by means of informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Inquiries about the details of liquidity transactions (new, A, E), and personal financial transactions (deposit and withdrawal) (Korean nationals, A, and G);

1. Advertisements written by D;

1. Previous convictions in judgment: Inquiry into criminal history data, and application of each copy of judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (see, e.g., Supreme Court Decisions 40 and 50, Jun. 23, 2016) are heavier between the crimes of violation of the Electronic Financial Transactions Act.