Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

On June 4, 2018, around 16:00, the Defendant made a statement to the effect that “the Defendant sent a physical card under the name of the Defendant to implement a loan by accumulating transaction performance,” and even though having known that such method of loan was made by an abnormal and illegal means, the Defendant did not at all confirm the fact that the loan was made by the improper and illegal means, such as the personal information of the person in unsound name, and whether he actually belongs to the institution granting the loan, and whether the loan was made by the person in unsound name. The Defendant did not verify the authenticity of the contractual promise.

Therefore, even if the Defendant sent a physical card connected to the Defendant’s account under the name of the Defendant, he was fully aware of the fact that he would not use the above access media in mind for the illegal purpose.

Nevertheless, the Defendant transferred the physical card 2, which was linked respectively to the bank account in the name of the Defendant in the name of the Saemaul Bank (B and C) in the name of the Defendant, in order to transfer Kwikset-based access media to the name-oriented individuals, over the same day, Nam-gu Incheon, Incheon, 91 Swikset-ro 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the details of transactions with the National Bank (20 pages of investigation records), documents of transactions submitted by suspects;

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 an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;