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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No person shall transfer or acquire a means of access for the purpose of electronic financial transactions.

Nevertheless, on August 3, 2013, the Defendant transferred the means of access to financial institutions by viewing each passbook of the name of the Defendant, new bank account (C), Korean bank account (E), community credit cooperative account (E), loaned securities account (G), modern securities account (H), and Korean Investment Securities Account (I), and the physical check card and Internet banking security card connected thereto, and the corresponding password (J) in name unrecognating.

Summary of Evidence

1. The defendant's partial statement (the date and time of sale and the purport that the means of access to a financial institution is sent to any person in secret name);

1. The K's statement;

1. Application of the details of savings deposit transactions and the Agricultural Association correspondence statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine (the same type of fine has been imposed once, but no other previous conviction exists, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant, as a means of restoring credit for obtaining a loan, temporarily used the means of access to a financial account, does not constitute “transfer” under the Electronic Financial Transactions Act.

2. Determination

A. Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer or acquisition of a means of access. Article 49(4)1 of the same Act provides that “Any person who transfers or acquires a means of access in violation of Article 6(3)1 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.”

In general,