A defendant shall be punished by imprisonment for 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

[2016 Height3005] No person shall transfer a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

On January 21, 2016, the Defendant sent 2, etc. to the above person named in the name of the Defendant using Kwikset through Kwikset service, on the condition that he receives KRW 100,000 won per month from the name in the name of the deceased who became aware of through the Internet Facebook from the name in the middle-gu, Daegu apartment.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

[2016 Height3861] No person shall provide telecommunications services provided by a telecommunications business operator for any other person's communications purpose.

After opening a mobile phone in the name of the Defendant, the Defendant, in the name of the Defendant, sold it to a mobile phone purchaser and sold it to acquire the price, and opened a mobile phone in the name of the Defendant in the “D office” office located in Daegu-gu on July 22, 2013.

Then, around July 2013, the Defendant: (a) transferred the E mobile phone in the vicinity of the Sinsan-si University located in the area of Youngnam University located in 280; (b) received KRW 300,000 from a mobile phone purchaser who was aware of the Internet search through the Internet and transferred the E mobile phone.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

[2016 Highest 3005]

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each electronic financial transfer certificate;

1. Details of the transactions of entry and withdrawal [the 2016 Highest 3861];

1. Defendant's legal statement;

1. Examination protocol of suspect against the accused by the prosecution (Evidence No. 11);

1. Application of a new service contract, a sales contract of a terminal, or a debt certificate under statutes;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the transfer of means of access) concerning facts constituting an offense.