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 person shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around September 20, 2019, the Defendant received a proposal that “on the face of sending the cash card connected to the bank account, I will see and withdraw the interest from the bank account,” and accepted it, and sent one cash card connected to the bank account in the name of the Defendant at the Daegu-gu building B, Daegu-gu, by visiting one cash card connected to the bank account in the name of the Defendant, and notified the password of the above account.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement of E to the receipt of transfer, financial transaction information of Cbank, and the transportation route Acts and subordinate statutes;

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession, mistake, damage to the victim of this case seems to have been recovered, the fact that there is no record of punishment for the same kind of crime, the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.