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1. Defendant shall be punished by a fine of 4,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
No person shall transfer or take over any access medium in using or managing the access medium.
Nevertheless, on November 30, 2015, the Defendant: (a) decided to receive brochures and telephone from a person who was not his/her name and to transfer cash cards; (b) issued a cash card connected to the Defendant’s name Gwangju Bank’s account (D) to a door-to-door engineer who sent the above name in front of the “C” located in Gwangju Mine-gu, Gwangju; and (c) notified the above name-to-face’s name-to-face name-to-face of the password.
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 on the verification of deposit in the Gwangju Bank, application for transaction in the Gwangju Bank, and specifications of transaction in the D Account in the name of Gwangju Bank;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of a fine for the crime, and Article 6 (3) 1 of the same Act;
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. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.
Defendant is led to confession, and is against himself.
The defendant is the first offender.
On the other hand, the crime of this case may be abused as a means of crime such as telephone finance fraud as well as undermining the reliability of the safety performance of electronic financial transactions. Therefore, it is necessary to strictly punish the crime of this case.
In fact, the access media that the defendant transferred seems to have been used to commit fraud.