A defendant shall be punished by imprisonment for one year.

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 borrow or lend a "means of access", such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of such transaction, in exchange for consideration, in return for or promise to do so.

On December 2, 2015, in front of the Seoul Guro Digital Group, the Defendant provided the passbook, physical card, and passwords to the Defendant’s name bank account (C) in cash and provided them to a person who is not aware of the name on condition that he/she receive KRW 300,000 per month, and provided them with the means of access in return for payment.

In using and managing the means of access, no person may transfer the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 5, 2015, the Defendant received a call from a person whose name is unknown, stating, “When transferring a passbook to be used for illegal purposes, such as Internet gambling, it is intended to transfer KRW 1,500,000 each month,” and at around 12:30 on the same day, the Defendant sent one physical card connected to the agricultural bank account (Account Number D) in the name of the Defendant at a small bus terminal in the name of the Defendant at KRW 239, as it was transmitted within Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 12:30 on the same day, and then sent one copy of the above physical card to a person whose name is unknown through the cargo of an open bus, and then notified the password by telephone.

Accordingly, the defendant transferred the means of access to his name in favor of himself.

Summary of Evidence

2016 Highest 3977

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written confirmation of the results of transfer;

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Relevant Article of the Act on Criminal Facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the choice of imprisonment), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the occupation of transfer of means of access and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.