A defendant shall be punished by imprisonment for not less than eight 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 a means of access.

Nevertheless, the Defendant, upon receiving a contact from the person under whose name the name the Defendant had ‘Tcoin transaction details in the passbook, if he/she possesses Bitcocoin, he/she is possible to lend it as a security.’ On September 11, 2019, Seongdong-gu Seoul Metropolitan Government notified the person under whose name the Defendant had no name the personal information, such as the account number (C) and password of the Defendant, and the Defendant’s resident registration number, etc., applied for the issuance of an authorized certificate connected to the said account through one bank display method and mobileOTP card, and the Defendant transferred the means of access to the means of access by re-transmission of the transmitted number to the person under whose name the name the recipient had no access to obtain an authorized certificate, mobileOTPPP, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as each written appeal, written statements, materials evidencing damage;

1. Article 49 (4) 2 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense (the transfer of any access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any violation of each electronic financial transaction by multiple means of access on the same day)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The summary of the assertion is not included in the "transfer of access media" prohibited under Article 6 (3) 1 of the Electronic Financial Transactions Act, where the defendant informed the names of the defendant, the account number, password, and resident registration number, and then let the above persons obtain a new certificate of mobile OTP card and an authorized certificate from the bank after informing the above persons of the account number, password, and resident registration number.

2. Determination is provided for in Article 6(3)1 of the Electronic Financial Transactions Act.