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

No person shall lend any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, around August 2, 2018, the Defendant sent a physical card to a box at his own residence in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, using Kwikset services, sent two copies of the physical card linked to each account under the name of the Defendant, and sent the account number and password to Kwikset Bank (Account Number D) and our bank (Account Number E), and promised to receive approximately 15% of the amount deposited into the said account.

As a result, the Defendant promised to receive the access media used in electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Confirmation of the results of electronic financial transfer, and application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only disrupting the credibility of the safety performance of electronic financial transactions, but also is a soil in which various derivative crimes are derived from the supply source of the passbook.

It is also disadvantageous to the defendant's criminal organization that caused significant damage to phishing due to the passbook that the defendant has circulated to the criminal organization, and the pursuit of benefits that see social harm is also disadvantageous.

However, the sentence of a fine according to the nature and circumstances of the crime is imposed by integrating the sentencing factors, including the weakness of independent criminal intent, the sentencing materials appealed by the defense counsel, the response to the suppression of recidivism, and the good records.