A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No one shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing the means of access, unless otherwise provided for in any other Act.

Nevertheless, on July 13, 2018, the Defendant: (a) received a proposal from a person who is unable to know his/her name before the Defendant’s office in Daegu-gun-gun, to the effect that “if he/she is a liquor company, he/she will pay 2 million won per 1 physical card,” and accepted it; and (b) sent the means of access to the place designated by a person who is unable to know his/her name in connection with the C Bank Account (D) in the name of the Defendant, by sending it to Kwikset Service; and (c) sent the means of access by informing him/her of his/her password to E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A criminal investigation report (data response to the Cbank), and a criminal investigation report (Cbank 365 CCTVs);

1. Application of Acts and subordinate statutes to a photographic Act and subordinate statutes by cutting down the details of financial transactions, detailed lists of transactions by account, the contents of conversations, emails, data on replies to financial transaction information, text messages and E dialogues;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring the means of access used in electronic financial transactions, such as the instant crime, is in need of strict punishment as an act to assist another crime, such as singing, etc., the Defendant’s transfer of the card and the Defendant’s account connected thereto was actually used for singing, and the Defendant appears to have committed the instant crime even with the knowledge of illegal reduction, considering the circumstances unfavorable to the Defendant.