Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

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

1. On December 13, 2016, the Defendant of the crime committed around December 13, 2016: (a) the Defendant, from a person in an influence to his name on December 2, 2016, lent a card to KRW 40,00 per day on the face of the card.

On December 13, 2016, “A proposal to this purport was received and transferred, respectively, through Kwikset service in Seoul, to the Defendant’s name bank account (D) and one physical card connected to the Defendant’s name bank account (E).

2. On December 14, 2016, the Defendant: (a) had a mind to transfer a physical card to a nameless person, such as the statement in paragraph (1); and (b) transferred a physical card connected to the Defendant’s name bank account (F) via Kwikset’s service at the same place as that in paragraph (1) around December 14, 2016, via Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A copy of the details of deposits and withdrawal;

1. Application of Acts and subordinate statutes to report on investigation (Submission of details transferred into an access medium);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of each alternative fine for punishment;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The transfer of the access medium for electronic financial transactions can be used as a means of other crimes. In fact, in the instant case, the circumstance in which the access medium transferred by the Defendant was used for committing a crime is recognized, and is against the law.