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 expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, the Defendant, on March 10, 2017, sent a e-mail card used by a person without his/her name, to another person's account for the transfer, etc. of a sports earth company by telephone. In return, the Defendant would give three million won in return for sending the e-mail card being used.

“On March 13, 2017, the proposal received and consented, and then sent one e-mail card linked to the account (Account Number B) of the Defendant’s name to Kwikset through Kwikset’s service and transferred a password to an access medium for electronic financial transactions by notifying the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to certificates of deposit transaction records and specifications of automated machines transaction records;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant transferred access media and transferred access media actually used for committing the instant crime of telephone financial fraud; (b) the first offender is unfavorable; (c) the recognition of the instant crime; and (d) reflects the mistake; and (c) other favorable circumstances, such as the Defendant’s age, sex, environment, motive or circumstance of the crime; and (d) all other conditions of sentencing, including the following circumstances.