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 acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, the Defendant received a call from a person under whose name the Defendant was named, stating that “When it is transferred by creating and transferring a corporate account, it will execute a loan”, and around 2018, the Defendant issued a physical check card and an OPT card, etc. connected with the Defendant’s account B Bank (C), to a person under whose name the Defendant was named, through Kwikset Service’s article.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as reports on the occurrence of accidents, reports on internal accidents (Frauds, deposit details and photographs, etc.; reply with warrant number 2019-313; the nominal owner A and the currency of the criminal account);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, as well as the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: The transfer of the means of access is often used as a means of other crimes, such as gambling, singinging, etc., so it is necessary to punish it strictly, and the actual transfer of the means of access by the defendant.