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 issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on September 2014, the Defendant listened to the speech that “the account number and password of the Defendant would be known to him,” and, on the premise that if the access media was transferred, the Nonindicted Party would be aware that it would be used for the commission of the phishing crime, the Defendant would not receive the loan by using the card connected to the Defendant’s name (Account Number: C) in an influencing manner, and even by using the phone number.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Statement made by the police against D;

1. Confirmation of replies, financial transaction details inquiries, CD-Access media;

1. A written reply to each fact-finding [the defendant and his defense counsel may inform the defendant of the account number and password of the post office account under the name of the defendant, but there is no fact that the card connected to the above account was opened, and there is no intention. However, according to the evidence duly adopted and investigated by this court, it is sufficiently recognized that the defendant received and transferred the above card and the defendant did not recognize it. Thus, the above assertion is rejected.]

Application of Statutes

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the option of imprisonment with labor and punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even if the defendant transferred his card, etc. even before, again, leads to the instant crime, taking into account the Defendant’s age, sexual conduct, and circumstances after the crime, etc., and determining the punishment as ordered by the disposition, taking into account the sentencing conditions indicated in