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 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, around 13:00 on January 4, 2019, the Defendant received a proposal from a nameless beneficiary to the effect that “D is operating a lending company, and, if sending the card and password so that the principal and interest can be paid, the Defendant would loan up to 6 million won at an interest rate of 8%, at an interest rate of 8%,” and then delivered one physical card connected to the E-bank account (F) in the name of the Defendant using Kwikset Service.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about personal information of customers and application of Acts and subordinate statutes to certificates of deposit 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. 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.

In fact, the means of access that the Defendant transferred was used in telecommunications-based financial fraud, such as remittance and withdrawal of approximately KRW 6 million to the connected account.

The Defendant, in 2018, withdrawn the money transferred to his own account and delivered it to a person under his name, was subject to investigation by the police due to the suspicion of fraud. However, even though the aforementioned risk could have been recognized, the Defendant committed the instant crime.

However, the number of means of access that the defendant transferred is limited to one, and the defendant lends to him/her a false statement that he/she wishes to lend.