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

Except as otherwise provided for in any other Act, no one shall transfer any access medium for electronic financial transactions.

Nevertheless, on September 18, 2017, the Defendant sent a physical card that can be used for the purpose of tax reduction or exemption of alcoholic beverages from a person who misrepresents himself/herself as an employee of a liquor company for three days and three million won.

On September 20, 2017, upon receipt of the proposal, the Kwikset Service Articles, through Kwikset Service Articles, accepted the check, and sent the check card to the nameless person, which was linked to the Defendant’s name bank account (C) at the Daegu Suwon-gu apartment management office.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit receipts and financial data replies;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the access media transferred by the defendant is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, it is decided as per Disposition by taking into account all the favorable circumstances such as the defendant's erroneousness, the fact that the transferred physical card appears to have failed to gain any benefit from the crime of this case, the fact that the defendant has no criminal record for the same kind of crime, the defendant has no record of punishment exceeding the fine, and the age and occupation of the defendant, sex and environment, motive, circumstance and consequence of the crime, etc., as well as all other circumstances that are conditions for sentencing, such as the circumstances after the crime, etc.