A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant listened to the speech that he would create a passbook under the name of the juristic person and make a loan by making it possible to do so, and around January 10, 2016, the Defendant transferred the passbook, cash card, etc. under the name of the national bank account (E) opened by the Defendant on the front of the road located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Book of each case (a book of the person in whose case the person is the victim);

1. Application of Acts and subordinate statutes on financial data;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); the option of imprisonment for a crime; the option of imprisonment for a crime

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant recognized the instant crime and against his mistake, and that there seems to be no benefit acquired from the instant crime, and that there was no record of punishment for the same crime against the Defendant, etc. are favorable to the Defendant.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was actually used for the crime such as fraud.

In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.

These points are disadvantageous to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.