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

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

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, the Defendant:

1. On August 22, 2017, in front of the “C Bank D Branch” in Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-si, Seoul, one head of Tong, one head of OTP card, one head of OTP card, and one and password, each connected to the C Bank Account (F) in the name of “E stock company” and the same Bank Account (G), transfer the name-based electronic financial transaction access media;

2. On December 11, 2017, at the front of the “I Bank U.S. O. O.S. O. H” located in Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-si, transferred physical card 1, passbook 1, OTP card 1, and password to a person who is not his/her name, and transferred the electronic financial transaction access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the second examination protocol for suspect of the prosecution against K;

1. A copy of each statement of L, M, N, orO;

1. Two copies of investigation reports (report on attachment of financial data to E stock companies), and details of financial transactions;

1. Application of Acts and subordinate statutes governing registration;

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 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. The crime of transferring electronic financial transaction access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such transfer of access media can be used for a very large amount of harm and injury to society, such as fraud, illegal gambling, etc. against many unspecified victims or illegal gambling sites.

In this case, the access media transferred by the defendant was actually used for the crime of fraud in trading goods on the Internet several occasions.