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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. No person shall transfer any access medium used in electronic financial transactions or lend, deliver, keep or distribute such medium by receiving the price therefor;
Nevertheless, around February 3, 2016, the Defendant would pay KRW 300,000 per month when the passbook is transferred.
“After accepting the proposal of a person without his name,” the passwords of the national bank C account in the name of the defendant, and one physical card, etc. were transferred to the person with no name.
Accordingly, the defendant transferred the access media to others.
2. No person shall transfer any access medium used in electronic financial transactions or lend, deliver, keep or distribute such medium by receiving the price therefor;
Nevertheless, on April 2016, the Defendant would pay KRW 300,000 per month when the passbook is transferred.
“After accepting the proposal of a person without his name,” the password, physical card, and one copy, etc. of the Defendant’s name were transferred to a person with no name.
Accordingly, the defendant transferred the access media to others.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (execution of a search and seizure warrant and submission of materials for replies);
1. Application of Acts and subordinate statutes to a new statement of banking transactions;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;