A defendant shall be punished by imprisonment for four 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

On December 2, 2015, the Defendant, as a cell phone around the end of December, 2015, borrowed a loan up to KRW 50 million by accumulating account records. However, the Defendant received from an unqualified statement the contact to the effect that the check card and password are required to revise the details of transactions.

Although the Defendant was well aware of the fact that the fraud by using another person’s account was character and conduct and that there was no case to request a physical card and password in order to obtain a loan, the Defendant, after receiving the above contact, sent the physical card and password associated with the Defendant’s corporate bank account (B) to the non-named person through Kwikset Service, and did not have any protective device to receive the above transmission of the physical card.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on replies;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person has not been punished by a fine not exceeding one time due to driving without a license, and the fact that he is against his gender);