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1. Defendant shall be punished by a fine of 4,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
No person shall transfer or take over any access medium in using or managing the access medium.
Nevertheless, on February 22, 2016, the Defendant received books from a person who was in the name of the deceased and decided to transfer a cash card on the condition that he received KRW 2 million per month from a person who was in the name of the deceased and received KRW 2,00,000 per month. On the same day, the Defendant issued a cash card connected to the SC Japan bank account (C) in the name of the defendant to the door-to-door officer who sent the above name in the front of the defendant's office located in Gwangju Mine-gu, and transferred the account password to the person who was in the name of the deceased by telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of a search and inspection warrant;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of a fine for the crime, and Article 6 (3) 1 of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.
The defendant is confession, is against himself, and is the first offender.
On the other hand, the crime of this case can be abused as a means of crime such as financial fraud as well as undermining the reliability of the safety performance of electronic financial transactions, so it is necessary to strictly punish the crime of this case.
In fact, the access media transferred by the defendant seems to have been used for the loan fraud crime.