A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2016 Height 6671] No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity of users and the transaction details.

Nevertheless, on June 17, 2016, the Defendant transferred the access media for electronic financial transactions, such as physical cards and passwords, connected to the national bank account (D) under the name of the Defendant, to a person who is not his name.

[2016 Highest 7751]

1. On July 8, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) received money from a person without his/her name to transfer an account with intent to transfer the account; and (b) transferred a physical card connected to the account (G) opened in the name of the Defendant on the front of the road located in Gwangju City E on July 10, 2016; and (c) notified the password by telephone.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

2. On July 12, 2016, the name influor of fraud aiding and abetting the victim H by phoneing it to an investigative agency and misrepresenting the victim H, and “D, as the name was stolen due to the leakage of personal information by the party, has been transferred to another account,” thereby allowing the victim to remit a total of KRW 4,400,000 to the above single bank account of the defendant.”

At the time, the Defendant was under investigation as a violation of the Electronic Financial Transactions Act, and was subject to criminal punishment twice in violation of the Electronic Financial Transactions Act, and all of the access media that the Defendant transferred in the past were used for licensing crimes. As such, even though it is well known that the transfer of the access media, such as paragraph 1, could be used for licensing crimes, the Defendant transferred the access media, as described in paragraph 1, and made it easier to commit the said fraud by making it difficult for the Defendant to commit the said fraud.

Summary of Evidence

[2016 Highest 6671]

1. The court of the defendant;