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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on January 4, 2017, the Defendant transferred one copy of the physical card connected to the Agricultural Cooperative Account (C) that is an access medium to the third party to the name in the vicinity of the private distance in the area of the school of Hagu-gun, Chungcheongnam-gun, in the middle of 16:30 on January 4, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each statement;

1. Application of Acts and subordinate statutes to a investigative report (to attach CCTV video data);

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant merely sent a e-mail card and related documents through a cargo engineer to obtain a loan by hearing the statement that he/she would give a loan from a person who is not his/her name. It does not transfer an access medium.

2. Article 49(4)1 of the Electronic Financial Transactions Act punishs transfer or takeover of an access medium in violation of Article 6(3)1 of the Act. However, where an access medium, such as deposit passbooks, cash cards, and password, is issued in the speech that the loan would be avoided, and it does not constitute a “transfer” of the access medium as referred to in Article 6(3)1 of the Act, unless it is only for delegation of the temporary use of the access medium.

However, considering the fact that the Electronic Financial Transaction Act is one of the legislative purposes to ensure the safety and reliability of the transaction by clarifying the legal relationship of the electronic financial transaction, the motive and circumstances leading up to the issuance of access media, the relation between the school and the other party of the school, the number of access media, and the teaching.