Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No person shall borrow, lend, or store, deliver or distribute any such access medium while demanding or promising to receive, demand or promise the cash card or passbook attached with his/her belt (a password necessary for the use of a cash card and a user number registered with a financial institution or an electronic financial institution), etc., which is a medium access to electronic financial transactions.

Nevertheless, the Defendant transferred a physical card (including a password) related to the account opened for tax reduction or exemption from his/her name before the Defendant’s residence in Bupyeong-gu Incheon Metropolitan City between June 2016 and July 2016, and paid a price equivalent to KRW 2.5 million on the condition that he/she would use it for one month on the face of a week.

“In receipt of the proposal to the effect that “, after consenting, one physical card linked to the National Bank Account (D) in the name of the Defendant was issued to the above person via Kwikset Service, and the password was notified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to detailed statement of funds transfer;

1. Relevant legal provisions and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (the choice of punishment, and the reasons for sentencing as follows);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

The fact that the access media that the defendant lent to the criminal organization was actually used for the crime, and the damage has not been recovered is considered to be disadvantageous.

However, the sentencing factors, including the defendant's age, character and conduct, details of transfer of access media, amount of damage, bad family environment, military service relations, etc., shall be sentenced to a fine.