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 transfer an access medium, lease an access medium, or keep, deliver, or distribute an access medium while demanding, demanding, or promising to provide, demand, or promise to use or manage the access medium.

On November 1, 2017, the Defendant: (a) obtained a proposal from a person who was misrepresented to a credit service provider under the name of the Defendant to obtain a loan of KRW 10,000,000 from the Defendant’s account; (b) received the check from the Defendant’s bank account; (c) around November 2, 2017, the Defendant sent the check card under the name of the Defendant at the D office located in Gwanak-gu in Seoul Special Metropolitan City, to the place where the person was unaware of his name; and (d) notified the password of the said account by telephone; and (e) on November 3, 2017, the Defendant received the said account and its access to the said account by deceiving the Defendant from the Defendant as the one who was the victim of the second Saemaeul fraud; and (e) deposited the said account and its access in the name of the Defendant’s bank account under the name of the Defendant F by transferring the KRW 7,000 from the Defendant to another Saemaul bank account under the name of the Defendant F.

Accordingly, the defendant transferred the access media to the defendant by promising the payment of the loan amounting to KRW 10 million.

Summary of Evidence

1. Statement by the defendant in court;

1. AF statement;

1. Application of Acts and subordinate statutes on text messages, certificates of confirmation of remittance confirmation, documents of transfer transaction, documents of account opening, and documents of transaction, and documents of Kakao Stockholm message;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

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

1. The confession of the crime for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is divided, and the fact that there is no record of the same kind of punishment has already been reflected in the similar crime under favorable circumstances.