Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

The defendant asserts that the defendant is not a transferee since he borrowed and used the access media as decided by Dong-in E for business convenience.

However, in light of the frequency and period of entry into Korea, the interval between the time of opening an account and the date of departure from China, the relationship between the use of account, etc., the Defendant was finally transferred the right to dispose of the access media as decided by E.

must be viewed.

Nevertheless, the court below found the defendant not guilty, and the judgment of the court below is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is an international financial fraud organization that spreads malicious code on a mobile phone used by many and unspecified domestic customers in China, takes measures to automatically connect the aforementioned organization to the website of the Financial Supervisory Service, and requires victims to enter information necessary for financial transactions, such as name, resident registration number, account number, password, Internet banking password, security card number, etc., and purchases game money from the above people’s account to the virtual account of the game company, such as KONson, and sells the former game money through items, and transfers the proceeds of sales to those who purchase and deliver domestic cosmetics to those who purchase and deliver the cosmetics, thereby obtaining the cosmetics.

When the Defendant received deposits from the officers of the above organization in Chinese currency through the Chinese website ‘C' as the price for cosmetics, it shall be as above.