A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any passbook, cash card, etc. which is an access medium necessary for electronic financial transactions or set up a pledge.

Nevertheless, around March 26, 2014, the Defendant received five million won in return from the person with no name, from the main apartment near the main apartment road in Seoul Special Metropolitan City, Nowon-gu, the Defendant transferred the access media through Kwikkset Service to the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each statute on the details of transactions and account transactions;

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant already received a summary order of KRW 1 million on July 30, 2014, and KRW 3 million on February 29, 2016, as a result of a violation of the Electronic Financial Transactions Act by transfer of access media.

In addition, the access media of this case transferred by the Defendant was actually used in the singishing crime, causing approximately KRW 6 million damage (No. 15 No. 138 of the evidence list, No. 138 of the evidence list, No. 19 of the evidence list). Accordingly, the Defendant is subject to imprisonment to be sentenced.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to the crime, and the time of the crime of this case is prior to the above summary order.