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, and the defendant shall send a physical card, which is an access medium, to a nameless person, stating that "the physical card and password is necessary for the purpose of paying interest in order to obtain a loan" around July 2015.

The fact that the account linked to the card was investigated as a case used for the commission of the phishing fraud and was subject to a disposition on October 14, 2015 on the charge of violation of the Electronic Financial Transactions Act (insufficient evidence), and that the transfer of its access media to another person was subject to punishment, and that the access media sent as above can be used for the commission of the phishing fraud.

Nevertheless, on July 17, 2017, the Defendant sent the check card of the account opened in the name of the party to the account from the person in unsound name at the office of “C” located in Suwon-si, Suwon-si, Suwon-si.

The phrase “to grant a loan of five million won on the face of the week” was heard, and one physical card, which is a medium of access to the post office account (D) under the name of the accused, was sent to the name-oriented person by visiting one door and informing the password.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes to a report on investigation (execution of a warrant of search and inspection);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant received a disposition not to institute a prosecution on the grounds that the instant case is almost similar to the instant case; (b) the Defendant committed the instant crime in spite of his well-known knowledge that such act constitutes an offense; and (c) the Defendant’s leased media causes damage to a third party by using such media as a criminal act.