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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Electronic Financial Transactions Act;
A. On July 2015, the Defendant: (a) proposed that “The Defendant would not have any money after lending the account for six months only; (b) transferred the passbook and the OTP card connected to the Defendant’s account (C) and the new bank account (D) to the Defendant’s name in front of the old Tridong post office located in the Guri-ro 32, Gori-dong post; and (c) transferred the passbook and the OTP card, each of which are linked to the Defendant’s account (D) and the new bank account.
B. On November 2015, 2015, the Defendant received the aforementioned proposal from a singishing staff member, and transferred the passbook and an OTP card connected to the Defendant’s bank account (E) to the Defendant’s name in front of the above singishing post office.
2. With knowledge that the Defendant’s access media in the Defendant’s name would be used for fraud, such as singing, etc., the Defendant transferred the passbook and the OTP card, which is an access medium in the bank account in the Defendant’s name, to the singinging employee, as described in subparagraph 1(a), and notified the Defendant of the password and identification number of the passbook and the bank’s website through which the Internet banking can be used, and the singing employee, who calls the victim F at a non-place on April 28, 2016, should have a transaction performance in order to cause a loan.
(d) On April 30, 2016, by transferring money to a quasi-bank account, the transaction performance is increased. Accordingly, it is false to the effect that the amount deposited is to be refunded and the amount deposited is to be refunded. Accordingly, the victim acquired the money by transfer of KRW 800,000 to the above Han Bank account.
Accordingly, the Defendant transferred the access media to the phishing staff, thereby facilitating his fraud.
Summary of Evidence
1. The defendant's oral statement;