A defendant shall be punished by imprisonment for six months.

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

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

Nevertheless, on December 8, 2016, the Defendant accepted the proposal that “I wish to help a young person who works at the earth, who needs to get a loan, create a condition that I would get a loan by giving credit rating by sending a physical card.” At the same time, the Defendant transferred the access media used in electronic financial transactions to the article of Kwikset Service in front of the government branch office of the 516 Han Bank, the Gyeonggi-ro Government, the 516th Government branch office of the 516th Bank, thereby giving the physical card and password of his name to the article of Kwikset Service, which is used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to descriptions of search and seizure warrant and reply data, such as a petition, written statement, financial transaction statement, etc.;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)

The instant access medium transferred by the Defendant was actually used to commit the phishing fraud, resulting in the damage of KRW 3 million (Evidence No. 14,27 pages).

If the defendant did not transfer the access media, no erroneous person would be the victim of the financial fraud crime.

Therefore, the defendant will be sentenced to imprisonment.

Provided, That the execution of punishment shall be postponed in consideration of the fact that the defendant led to an offense, has no previous record, and the transferred access media relates to one account, etc.