Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

No one shall transfer or acquire any means of access to any third person, except as otherwise expressly provided for in other Acts.

Nevertheless, around April 2019, the Defendant sent a e-mail card connected to the Busan Bank (B) account in his name to the name-free person who stated that the Defendant would lend the e-mail card to the Busan FF post office, and notified the password.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Statement by the defendant in this court;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Statement of the police statement with respect to C and D, respectively;

1. Application of Acts and subordinate statutes to a report on investigation (the details of disposition of cases violating the Electronic Financial Transactions Act by a suspect);

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. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is alleged to have failed to recognize that his act was punishable by the law, and it may be prejudicial to the defendant's assertion of the mistake of law under Article 16 of the Criminal Act.

On the other hand, Article 16 of the Criminal Act provides that his act of misunderstanding that his act does not constitute a crime under the Acts and subordinate statutes does not mean simply a site of law, but it does not mean that his act of misunderstanding is punishable only when there are justifiable grounds for such misunderstanding. In general, it is generally accepted that his act constitutes a crime but, in his special circumstances, it does not constitute a crime under the Acts and subordinate statutes, it is not punishable in a case where there are justifiable grounds for such misunderstanding (see Supreme Court Decision 2005Do8074, Apr. 27, 2006).