A defendant shall be punished by imprisonment with prison labor for up to six 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

No one shall transfer or take over a password, number of users, etc. registered with a financial institution or an electronic financial institution, which is the means of access in electronic financial transactions, or establish a pledge, and even if a lender has provided a means of access for the purpose of obtaining a loan from the person who pretended to be “to have the means of access returned along with the loan,” the recipient shall not transfer the means of access without determining the specific time, place, method, etc. of receiving the said borrower’s personal information, office, means of access at the time of the transfer of the means of access.

Nevertheless, around August 2, 2015, the Defendant heard the phrase “it is possible to borrow money from a foreign country, and if he/she lends the account to receive remittance, five million won may be loaned.” On August 5, 2015, the Defendant, at the time of the transfer of the physical card, did not determine the specific time, place, method, etc. of returning the personal information, office, physical card, etc. of the above borrower at the time of the transfer of the physical card, and provided one bank (Account Number:D) in the name of the Defendant, which is the means of access, before the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu Seoul Metropolitan Government, around August 16, 2015.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. The document of F;

1. Application of statutes on search, seizure, verification warrant and reply details;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. In light of the fact that the defendant with the reason for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) committed the instant crime even though he/she had the record of criminal punishment for the same crime, the defendant needs to be strictly punished.