Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer, take over, or set a pledge any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, and shall lend or lend any access medium or keep, deliver or distribute such medium while receiving, demanding or promising any compensation therefor.

Nevertheless, on October 2016, the Defendant, through Kwikset Service Officer, transferred the physical card (B) of the new bank account in the name of the Defendant and the password necessary for the use of the card through Kwikset Service Officer, to the effect that the Defendant would receive loans by manipulating the loan performance at an infinite market (hereinafter referred to as the “Infinite market”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response to financial account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts to the effect that the act as described in the facts charged was written, but it does not constitute a crime since he did not receive the price from the transferee.

2. However, the phrase “transfer or acquisition” as referred to in Article 49(4)1 of the Electronic Financial Transactions Act means only the acceptance that only the transferee can engage in “exclusive use without a time-limit” for the relevant account-related access medium, and the subsequent conclusive transfer of the possibility of exclusive use of the access medium, i.e., provision of means, transfer of the possibility of exclusive use of the access medium, and transfer of the possibility of exclusive use of such access medium, even if not paid, constitutes “transfer or acquisition” as referred to in the said provision.