A defendant shall be punished by imprisonment with prison labor 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

No person shall transfer or acquire any access medium used in electronic financial transactions.

On May 15, 2018, the Defendant sent a check and a check card to implement a loan by piling up transaction performance from a person with no name.

In other words, even though he was aware that such a method of loan was made by an abnormal and illegal means, he did not at all verify the personal information, place of work, institution granting the loan, and whether the above person was an employee belonging to the said institution. The authenticity of the loan agreement was not verified, and not only did the time, place, and method for the return of the card sent by the Defendant, but also did not specify the method of response in the case of not returning it as well as the time, place, and method for the return of the card sent by the Defendant. In addition, there was a history of committing the similar crime as seen above.

Therefore, even if the defendant sent the physical card to the above person without his name, he was fully aware that he would not use the above access media as an unlawful purpose and return it.

Nevertheless, the Defendant transferred the physical card, which was linked to the Defendant’s husband’s bank account (E) before the Nam-gu Incheon Metropolitan City, through Kwikset Service, to the above name in fluence and access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of a law of one copy of a certificate of transfer confirmation, investigation report (No. 9 times a year), and the message output of a literature;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The access media transferred by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act is highly likely to be used as a means of other crimes, such as hosting, etc., and actually used for licensing crimes, and the Defendant is in the same kind.