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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the defendant listened to the statement that he would give a loan when sending the physical card and password from the person in danger of disaster, and around October 31, 2016, the defendant issued the physical card and password of the national bank account (D) in front of the defendant's name of the defendant in front of the Kokkset-gu apartment C apartment in front of the Gokset-gu, Seoul around October 31, 2016 and attempted to deliver it to the person in danger of disaster.

Summary of Evidence

1. Statement by the defendant in court;

1. The victims report of E;

1. Data sent to the account holder;

1. Application of Acts and subordinate statutes to investigative reports (report attached to the previous decisions);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. As for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered as favorable circumstances among the reasons for sentencing), transfer of electronic financial transaction access media to another person may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of the access media that the Defendant transferred is used for fraud crimes, and the Defendant has a record of having been punished by criminal punishment for the same kind of crime.

There are favorable circumstances that the defendant recognizes all of the crimes of this case.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.