A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

In using and managing a means of access, no one shall transfer the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 2017, the Defendant heard from B that “is not required to pay money,” the account number and password of the four accounts are called to be issued, and the physical card is left to the C Station D convenience store in the vicinity of C Station.” The Defendant informed B of the account number and password of the Defendant’s E Association account in the name of the Defendant, and transferred the means of access to the nameless person by packaging and leaving a copy of the e-mail card connected to the said account to the D convenience store located near the C Station in the Inananan City City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of financial transactions, transfer receipts, and I Association's financial transaction information;

1. Application of A and J-related Acts and subordinate statutes;

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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. The scope of recommendation [decision of types] according to the sentencing criteria: There is no general crime (type 1) (special person) (the scope of recommendation field and recommendation range]; and four months to ten months.

3. Determination of sentence: Ten months of imprisonment, the transfer of a means of access for an electronic financial transaction with a suspended execution of two years may impair the security and reliability of electronic financial transactions and cause serious social harm, such as singing, gambling, tax evasion, etc. Therefore, it is necessary to strictly punish the means of access transferred by the defendant as a means of serious crime. The use of the means of access was used for singing and causing secondary damage, and the defendant.