A defendant shall be punished by imprisonment for not less than eight months.

except that 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 one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, the Defendant received five million won from the “B” around July 2017, and accepted the proposal that “five million won per head of the Tong who established the corporate name by creating a bank account in the name of the corporation, and then deducted one million won per head of the Tong from the face-to-face loaned 5 million won per head of the Tong.” On October 23, 2017, the Defendant registered the “C” corporation in the name of the Defendant in the Nowon-gu Seoul, Seoul, Nowon-gu, Seoul, and registered the “C” corporation in the name of the Defendant in the “C” post office in the name of the above “C” in the name of the head of the Tong, the physical card, and the OTP card, and then received it through Kwikset service articles.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. Details of transfer;

1. An application for subscription, a confirmation of customer transaction, a confirmation of purpose of financial transaction, and a commodity supply contract;

1. Application of statutes on business registration, certificate of personal seal impression, full certificate of registered matters, real estate lease contract, and account transaction details;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)1 of the Act on the Suspension of Execution (see, e.g.