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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.
Nevertheless, at the end of January 2015, the Defendant transferred cash cards, etc., which are media access to electronic financial transactions, by delivering physical cards, passwords, etc. to the bank account in the name of the Defendant (C) and the CTB bank account (D) to the needy party within the scope of 305 of the Dong-si B Building 305.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the place of criminal, search, seizure and verification warrant (applicable to financial accounts);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Considering the damage caused by telephone financial fraud in sentencing of Article 334(1) of the Criminal Procedure Act, considering the fact that lending of the same account in this case, which provides a fundamental cause, is in need of a corresponding punishment, and the defendant appears to have committed the instant crime without the awareness of special crime after being solicited by his person. In addition, other similar cases, the conditions of sentencing, such as the amount of fine, the age of the defendant, character and conduct, family relation, criminal records, the records of the instant case, and the progress thereof, shall be determined by comprehensively taking into account the following factors.