A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

1. On January 10, 2018, at the office of “C” located in Daegu-gu Seo-gu, Daegu-gu, around 16:00, the Defendant transferred the access media by means of providing the above-called “C” employee with a title of KRW 2,00,000 connected to the D Bank Account (E) in the name of the Defendant, on condition that he/she received a loan from a person whose name is unknown, and by providing the above-mentioned account’s password to a person whose name is unknown.

2. On January 31, 2018, the Defendant, “F Apartment-gu, Daegu Suwon-gu, 09:00,” and transferred a physical card linked to G account (H) under the name of the Defendant, subject to a loan of KRW 3 million from a person whose name is unknown, via the above apartment security guard, to Kwikset-gu Articles via the above apartment security guard, and transferred the access medium by informing the person whose name is unknown of the password of the above account to the telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to a warrant of search and inspection and reply;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only impairing the safety and trust of financial transaction, but also can be abused as a means of other crime. The defendant transferred two copies of the card, the transferred card, etc. was used for the actual fraud crime, and the defendant was punished for the same crime.