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

No person shall transfer or acquire the means of access to electronic financial transactions.

그럼에도 불구하고 피고인은 2019. 1.경 인터넷을 통해 알게 된 성명불상자로부터 위챗을 통하여 ‘계좌를 양도해주면 1개당 50만 원을 주겠다’라는 제안을 받고, 그 무렵 인천 미추홀구 B에 있는 C 앞 도로에서 퀵서비스를 통하여 성명불상자에게 피고인이 개설한 유한회사 D 명의 농협 계좌(E)와 연결된 통장, 체크카드, OTP를 건네주어 접근매체를 양도하고 그 대가로 50만 원을 현금으로 받았다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on warrant of search and seizure;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by opening an account connected to another person to abuse it for another crime.

The defendant established a limited liability company D on October 23, 2018, and newly issued the means of access on January 11, 2019. There are no details of the issuance after the issuance. There are many transfers of the amount that can be seen as the amount of damage caused by telecommunications-based financial fraud to the account linked from February 12, 2019.

However, the number of means of access transferred by the defendant is limited to one, and the profits earned by the defendant from the crime of this case are less than 50,000 won.

There is no criminal record for the defendant.

In full view of the above circumstances, the punishment as ordered shall be determined as above.