Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.
On February 2, 2018, the Defendant promised to receive three million won in return for sending the Defendant’s physical cards by telephone conversations with a nameless person with the word “if the Defendant is a trade company engaging in the trade business, and if the Defendant sent the physical cards to be used to see the benefit of logistics duties, he/she would pay the price as the number.” On March 2, 2018, around March 17:0, 2018, the Defendant promised to receive three million won in return for sending the Defendant’s physical cards. On March 2, 2018, the Defendant sent the physical cards linked to the Defendant’s new coal colon B (Account Number: D) via Kwikset, and sent the password to Kakaox.
Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. (A) a certificate of transfer confirmation, and the application of statutes of subparagraph (A) a reply to financial information;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of transferring the access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that the Defendant’s access media provided was actually used for an actual crime.
However, the fact that the defendant did not gain any actual benefit due to the crime of this case, the defendant did not have a criminal record exceeding the same criminal record and fine, and the fact that he recognized his criminal act and repented shall be considered as favorable circumstances.