When the defendant does not pay the above fine, 100,000 won.

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, at around 18:00 on November 12, 2019, the Defendant listened to the phrase “to provide loans by accumulating transaction performance if sending a physical card to an employee of the lending company” and provided loan counseling at the office located in Gangnam-si, which introduced himself/herself as an employee of the lending company, and then sent one copy of each physical card connected to the company bank account (B) and the Agricultural Cooperative (C) account in the name of the Defendant, sealed it to the box, then sent it to the box, and notified the password of the physical card by telephone.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. A list of transactions by account;

1. Application of Acts and subordinate statutes to each investigation report (related to the submission of a certificate of confirmation of transfer, whether to withdraw damage, the second execution of a warrant of search, seizure and verification, whether to withdraw damage, and attaching CCTV response data);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts (the transfer of any access medium);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Electronic Financial Transactions Act due to the transfer of physical e-mail cards by a company bank with a more severe criminal situation, such as deposit of money by telephone financial fraud);

1. The crime of this case, which is selected as a selective fine, is that the defendant transferred two physical cards to obtain a loan. As a result of the crime of this case, since the above account of the defendant was used in the telephone financial fraud crime, and the fraud amount of KRW 20 million was deposited and the withdrawal was made, it is necessary to punish the defendant significantly.

However, all of the crimes of this case are led to confessions and reflects, and the defendant also can be seen as victims of telephone financial fraud.