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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.
Nevertheless, on May 2019, the Defendant issued a proposal to the effect that “if he sells a passbook or check card, he will give KRW 1,500,000,000,000,000,000,000,000,000 won,” and around that time, the Defendant issued one passbook and one check to the corporate bank account (C) in the name of the limited liability company B, the representative of which is the Defendant.
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of some Acts and subordinate statutes on information on accounts, applications for opening, details of transactions, investigation reports (in execution of a warrant of seizure), application for opening of accounts, and details of transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: A fine not exceeding twenty million won;
2. Circumstances unfavorable to the Defendant: The means of access that the Defendant transferred to a person in default of his/her name was used for the crime of licensing.
The Defendant transferred the means of access to a person who is aware of the risk of the transfer of the means of access in order to acquire the price of the means of access. In the context that ordinary financial institutions are unable to obtain a loan, so-called work loan from a person who is not aware of his/her name, crimes are more likely to be committed than those of the type of transfer.
Circumstances favorable to the defendant: the defendant is the first offender.
Recognizing and opposing the crime of this case.
The defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.