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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Except as otherwise expressly provided for in any Act, no one shall transfer any access medium used in electronic financial transactions to any third party.

On December 8, 2016, the Defendant borrowed an account because it is a liquor company, which is a tax problem.

On the 15th day of the same month, it received a text message stating that it will give KRW 2,50,000 per month to the account, and sent one cash card connected to the credit cooperative account in the name of the defendant in front of the Nam-gun, Goung-gun (C) in front of the 15th day of the same month to the officer of Kwikset who sent the above name-based account with one cash card connected to the credit cooperative account in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of remittance;

1. Application of Acts and subordinate statutes on application for new transactions and details of deposit and withdrawal transactions;

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 1 of the same Act concerning the facts constituting an offense;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) unfavorable circumstances, such as the fact that the access media transferred by the defendant was used for the criminal act of phishing, etc.; (b) favorable circumstances, such as the fact that the defendant was the first offender; (c) recognition of and reflects against the criminal defendant; and (d) other conditions of sentencing, including the defendant’s age, occupation, family environment; (d) motive and circumstance of the criminal act; (e) number of transferred access media; and (e) circumstances after the criminal