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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the Defendant guilty of the facts charged in this case, by misunderstanding of facts or misunderstanding of legal principles, did not lend the passbook to the community credit cooperatives, and did not have received the payment from the other party.
B. The lower court’s sentence of unreasonable sentencing (two million won by fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below's judgment may no longer be maintained, inasmuch as the prosecutor applied for permission to change the facts charged as stated in the following facts and applied for permission to change the applicable provisions of this Act, and the subject of the judgment was changed by this court's permission.
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Punishment of the crime
No person shall transfer or acquire any means of access for electronic financial transactions.
Nevertheless, on March 2014, the Defendant accepted the proposal that “I will give three million won a month if I send the passbook” from the person who was named in his/her name, and delivered a debit card and password that are linked to the account of community credit cooperatives (Account Number B) in the name of the Defendant through Kwikset Service.
Accordingly, the Defendant transferred the means of access for electronic financial transactions.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement regarding C;
1. Application of a copy of a transaction application and statutes concerning transaction details;
1. Relevant Article of the Act on Criminal Facts and Article 49(4) of the Electronic Financial Transactions Act for the Selection of Punishment