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

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

Punishment of the crime

On March 3, 2017, the Defendant accepted the proposal without specifying the specific time and place method to receive a return of the access media, under the proposal that “on the face of sending the check card, the Defendant would be allowed to obtain a loan from a person without his/her name.”

On March 3, 2017, the Defendant transferred physical cards, which are access media connected to the national bank account (D) in the name of the Defendant, to the third party in front of the Kimhae-si Hospital C in the name of the Defendant, via Kwikset Service.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiries of transaction details and application of statutes on the table of customer information;

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. In a situation where various singing crimes, which have caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, are taken place, it is not easy to transfer without permission the access media used for electronic financial transactions to a person who is unable to identify himself/herself due to the essential volume of the loan, in a very secret way.

It seems that the access media transferred by the defendant was actually used for the phishing crime, and the damage was not completely recovered.

In addition, the defendant had a record of being punished once for the same crime, but has committed a second offense without being aware of it.

However, the defendant reflects his fault in depth.

Defendant also transferred the existing access media in the name that it is necessary to grant a loan without knowing that his access media will be used for crimes such as licensing.