A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 1, 2014, the Defendant sent a physical card connected to the D account in the name of the Defendant, through Kwikset Service, to the name in Yeonsu-gu Seoul and 101, Yeonsu-gu, Incheon, and Kwikset.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. E statements;

1. Application of statutes on reply to warrants;

1. Determination as to the assertion by the defendant and his/her defense counsel as to the pertinent Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act regarding the crime

1. The Defendant and the defense counsel denied the facts charged in the instant case to the effect that “The Defendant and the defense counsel, by making a physical card and passing a credit inquiry by making a credit inquiry into the bank transaction details,” only known the access media to the name-free persons, and did not transfer the access media, but did not intend to transfer the access media.

2. Determination of Article 49 subparag. 4 subparag. 1 of the Electronic Financial Transactions Act (hereinafter “Act”) punishs transfer or takeover of an access medium in violation of Article 6 subparag. 3 subparag. 1 of the Act, and where an access medium, such as deposit passbook, cash card, and password, is delivered on the speech that the lending would be avoided, unless it is merely a delegation of the temporary use of the access medium, it does not constitute “transfer” of the access medium under Article 6 subparag. 3 subparag. 1 of the Act.

However, considering the fact that the law is one of the legislative purposes to ensure the reliability of the transaction performance by clarifying the legal relations of electronic financial transactions (Article 1), the law issues access media.