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

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

Nevertheless, on November 21, 2017, the Defendant sent a e-mail card to the front side of the Sung-gun, Seongbuk-gun, Sung-gun, and received a proposal from a person under whose name the Defendant would make payment of KRW 3 million per opening, and sent a e-mail card connected to the account under his name Cbank (D) through Kwikset.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of deposits and application of Acts and subordinate statutes on financial transaction data;

1. The relevant provision of criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the selection of punishment, and the grounds for sentencing imprisonment, not only impede the security and reliability of electronic financial transactions, but also significantly adverse effects on society, such as the transfer or lending of means of access on multiple victims by abusing various kinds of illegal acts, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

On the other hand, the defendant, even though he withdrawn and recovered KRW 3 million deposited by the victim to his own Cbank account, he did not pay it to the victim. On the date of trial, the defendant requested continuous conduct of trial when he stated that he would recover damage to the victim. However, the defendant did not comply with this and did not appear on the designated date of trial.

Considering such circumstances, the Defendant’s punishment equivalent to its liability is inevitable.

However, the fact that the defendant recognizes the crime of this case and the defendant has no criminal records other than juvenile protective disposition, etc. are favorable to the defendant.