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

No person shall transfer any access medium to the use and management of the access medium under the Electronic Financial Transactions Act, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 11, 2014, the Defendant transferred the passbook in the name of the Defendant (Account Number: C) and cash cards, OTP cards connected thereto, and notified the password of passbook and Internet banking ID and password. On the same day, the Defendant transferred B the passbook in the name of the Defendant on the roads in the Daegu-gu Daegu-dong, Daegu-gu branch office, and then notified B of the passbook and the cash card connected thereto, the OTP card, and the Internet banking ID and password in the name of the Defendant.

Accordingly, the defendant transferred the electronic financial transaction access media to another person on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (a copy of relevant records shall be attached);

1. Report of investigation (to attach a copy of protocol concerning interrogation of the E suspect);

1. Application of Acts and subordinate statutes to investigation reports (applications for opening a dynamic securities account and details of transactions);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only the same criminal record, but also the defendant has no record of punishment other than the punishment (the punishment amounting to 500,000 won) once for the violent crime for the last 20 years.

However, in 2014, the Defendant made a false statement at the time of receiving an investigation into the transfer of the access media of this case, thereby causing confusion to investigation. The access media that the Defendant illegally transferred was used for a systematic “scaming” fraud, and caused multiple victims.