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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.
On January 9, 2019, the Defendant received a proposal to the effect that “a loan will be made: Provided, That due to a tax problem, the Defendant shall have a eck card assigned to us and the customer shall directly transfer it to the relevant account and repaid by the customer,” and then will provide a loan by accumulating the financial performance when sending the eck card at that time.
After receiving the proposal of "," it was transferred from the 10th day of the same month to the Kwikseter service article in connection with the defendant's bank account (Account Number: D) in the name of the defendant in Bupyeong-gu Incheon, Bupyeong-gu.
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Application of the reply statutes to requests for financial transaction information;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act is unknown, the trial was conducted by means of service by public notice.
However, there are circumstances to consider that the number of means of access transferred by the defendant is limited to one, and that the defendant transferred the means of access to a false statement that the defendant would allow the loan.
It seems that the amount deposited in the account linked to telecommunications-based financial fraud is not withdrawn due to suspension of payment.
There is no criminal history before the defendant.
In full view of the above circumstances, the punishment as ordered shall be determined as above.