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

No person shall, in using and managing a means of access, transfer any means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, around November 4, 2019, the Defendant issued a debit card, which is a means of access connected to the account in the name of the Defendant’s name to the Bank of Korea (Account Number: E) at the post office located in Ansan-si, Mayang-ro 13 (Yanyang-dong) around the 15th day of the same month, to the bearer of the Defendant’s name, from a person who misrepresented the director of the division of the lending company to “B. An individual loan can be applied at low interest.” The individual loan should not be made if the details of the transaction, such as account transfer, were left.”

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A certificate of transaction and a detailed statement by account;

1. Application of the Acts and subordinate statutes governing text messages dialogue;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] The transfer of the means of electronic financial transactions, such as the instant crime of KRW 50,000 from KRW 20,000 [Pronouncement Decision] a fine of KRW 3,000,00, is highly likely to cause secondary damage, such as fraud, and the actual transfer of the means of access to the instant crime of KRW 3,000 is disadvantageous to the Defendant. On the other hand, the Defendant recognized the Defendant’s mistake and reflects the Defendant’s demand for provision on the ground of loan, etc., and there are extenuating circumstances to consider it, and the full amount of damage that was suspended for the victim of the second fraudulent crime is all the amount of damage that was suspended for the victim of the second fraudulent crime.