Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or physical card which is the means of access to an electronic financial transaction.

Nevertheless, on December 5, 2013, in front of the residence of the Defendant Seongdong-gu Seoul Metropolitan Government Defendant’s residence, the Defendant: (a) received the text of “if the passbook is transferred, the payment of KRW 2,00,000 per month” from the needy person; and (b) transferred the passbook in the name of the Defendant, one cash withdrawal card, one cash withdrawal card, and one password to Kwikset service.

Accordingly, the Defendant transferred the means of electronic financial transactions to the non-party.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Criminal place (in addition of suspects, Nos. 1 of evidence list);

1. Application of the Acts and subordinate statutes of a copy of case transmission (suspect E);

1. Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant delivered one passbook (C) and one cash withdrawal card under the name of the defendant in the judgment of the defendant to the person in question, and the identification number was known. However, this is merely limited to the lending of the means of access to the person who was promised to receive compensation and did not transfer the means of access to the person in question.

Therefore, Defendant’s act does not fall under Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”).

Furthermore, the defendant above.