Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.
On March 2017, the Defendant: (a) received a proposal from a person who is not aware of his/her name before Jung-gu, Incheon; (b) received a proposal from a person who was unable to know his/her name to offer a physical card of KRW 2.1 million; (c) issued a physical card in the name of the Defendant to a person who was unable to know his/her name; and (c) transferred an access medium to notify his/her password.
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 on transaction details;
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. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.
Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.
However, the defendant recognized his mistake and reflected his mistake.
The defendant has been sentenced to a fine once, and has not been sentenced to the same offense.
There is no profit actually earned by the defendant.
In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.