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 take over any access medium in using or managing the access medium.

Nevertheless, on January 19, 2017, the Defendant: (a) sent a text message from a person whose name was unknown, stating that “I would pay 20% of the trading amount to a person who would have transferred a borrowed account for the purpose of tax evasion to be used by a liquor company as a commission; (b) sent one check card connected to the account; and (c) agreed to receive 20% of the daily trading amount as a commission in return for the transfer; and (d) agreed to receive 314% of the daily trading amount as the commission from January 19, 2017 to the point adjacent to the Samsung Securities’s account in the name of the Defendant’s Samsung Securities (Account Number: B) in the middle-gu, Gangnam-gu, Seoul; and (b) agreed to receive 314% of the daily trading amount.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. Application of Acts and subordinate statutes governing verification;

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

1. Although the account exploited for the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the occurrence of phishing damage was made, some of the amount of damage was refunded to the victim, the Defendant’s perception of his/her mistake is against himself/herself, there was no record of the same crime, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all the other conditions of sentencing including the circumstances after the crime are determined as ordered.