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

However, 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 person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on February 24, 2020, the Defendant promised the account holder to receive the price from the account holder and sent it to the account holder. On February 24, 2020, the Defendant received one check connected to the bank account (Account Number: D) from the former Si, the Defendant sent it to the person who instructed the account holder.

Accordingly, the defendant agreed to receive compensation and delivered the means of access to his name in return.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of investigation report (verification of details of a suspect A mobile phone recording file)-related statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; and six months to one year and six months;

3. The instant crime of this case, which was sentenced to criminal punishment, facilitates so-called so-called phishing crime committed against many unspecified victims, and requires strict punishment in light of the fact that the social harm of the said crime is very great. However, the Defendant has no record of criminal punishment, the number of physical cards stated in the facts constituting the crime, and the Defendant has caused the crime.