A defendant shall be punished by imprisonment for six 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

No person shall transfer any means of access used in electronic financial transactions unless otherwise specifically provided for in any other Act in using and managing the means of access.

On February 6, 2020, the Defendant received a proposal from a name-free box stating that “The Defendant would make a detailed statement of transactions in the Kwikset Service Articles sent to the account and get loans from the Kwikset Service Articles, which are linked to the account,” in front of the Defendant’s residence in Seongbuk-gu Seoul, and transferred one check card connected to the Defendant’s bank account (D) through Kwikset Service Articles sent by the above name-free winners.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the details of bankbooks and transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The fact that there are two times the reasons for sentencing in Article 62-2 of the Probation Criminal Act is disadvantageously unfavorable.

On the other hand, the fact that the defendant transferred a e-mail card to the purpose of obtaining a loan by deceiving, and was not anticipated to be used in the crime of Bosing, and that there is no profit gained by the defendant, are favorable circumstances.

In these circumstances, the sentencing conditions, including the defendant's age, character and conduct, motive and consequence of the crime, shall be comprehensively taken into account, and the punishment as ordered shall be determined.