Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall transfer any access medium to another person in using and managing the access medium.

On January 26, 2016, the Defendant listened to the phrase “money to be paid by opening and transferring a passbook” from a person in a name in the front way of a young middle school located in Seongdong-gu, Seoul Special Metropolitan City, and attempted each cash card, which is a access medium connected to the account in the name of the limited company C (three accounts in the name of NAD and the name of the non-party) that the Defendant is the representative, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (as to the arrest of the gambling operator), investigation report (as to the attachment of FIU analysis data);

1. Application of specified financial transaction information and financial transaction details statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 (hereinafter “Access Media”) is widely used as a means of various crimes, such as the issuance of a systematic gambling crime that encourages serious gambling like various property crimes or the Internet gambling, and tax-related crimes, such as the issuance of a false tax invoice through a company with a width. Such criminal offenders are generally taking advantage of not only the so-called “componed passbook” acquired by means of such method, but also the so-called “largephone” which is a mobile phone under another person’s name, and has committed an organized crime in the form of dividing their roles by preparing a human organization and extinguishing their roles. On the other hand, those who transferred the Access Media under one’s name have not seriously broken down the illegality or risk of such acts, and such acts are not yet eradicated until now.

Therefore, the act of transferring the access media, such as cash cards, to others as in the instant case, is done by the actors.