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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or acquire any access medium in electronic financial transactions without any specific provision of any other Act.
Nevertheless, on February 20, 2020, the Defendant sent to the Kakao Kakao Stockholm a telephone call from B, who was aware of his early February 2, 2020, that he applied for recruitment of workers at the construction site of the Philippines, and the Defendant sent the passbook of the bank account (C) and the photo of the Kakao Kao Kao Kao Kao Kao Kao.
On February 11, 2020, the Defendant, at around 18:59, notified the Defendant of the password using the Kakao Kakao Stockholm Kakao Stockholm, that the password of the above bank account is necessary to confirm whether the normal account is normal from the scaming staff.
Accordingly, the defendant transferred the physical card and password, which is an access medium, to the defendant without his name.
Summary of Evidence
1. Application of Acts and subordinate statutes on deposit transaction records (Evidence No. 37 of the evidence list) to the defendant's legal statement D, and statutes on the Kakao dialogue;
1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment by law: A fine not exceeding twenty million won;
2. Circumstances unfavorable to the defendant in the decision of sentence: The physical card and password transferred by the defendant to a person who is not his/her name were used for the crime of licensing.
Circumstances favorable to the defendant: be employed in the future construction site.
I think and think that the physical card and password were transferred, but eventually, it was not employed, and there was no other economic benefit.
The defendant is the first offender.
The crime of this case is recognized and reflected.
(b) other.