Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or lease any access medium while demanding or promising to receive any compensation therefor.

Nevertheless, on November 2015, the Defendant: (a) had the intention to sell the passbook via a telephone from a person without his/her name to “to sell KRW 2.5 million per unit if he/she sells the passbook; and (b) sent the name to the Defendant’s home located in Suwon-gu, Suwon-si, the Defendant sent the Defendant’s home in front of the Defendant’s home, on November 17, 2015; (c) opened the new bank account (C) and the national bank account (D) opened in the name of the Defendant to the Kwikkset-si, and transferred the phone number to the said person without his/her name to notify him/her of the password.

Accordingly, the defendant transferred the access media used in electronic financial transactions to each other.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A receipt or reply letter;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a bankbook of a national bank under suspect name);

1. Relevant provisions of Article 49 (4) 1 and Article 6 (3) 1 (transfer of each access medium) of the Act on the Electronic Financial Transactions and Trade, and the selection of each fine for the crime (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;